_ENFORCEMENT - M1978352 ‎(13)‎

• Permit No: M1978352
• IBM Index Class Name: Enforcement
• Doc Name: APPENDIX TO MEMORANDUM BRIEF IN SUPPORT OF DEFENDANTS MOTION TO DISMISS OR IN ALTERNATIVE FOR SUMMAR
• Media Type: D
• Archive: No

1 .63 Production is resumed within five years of the date production ended ,
or the operator files a report request inn an extension of the period
of temporary cessation of production with the board stating the reasons
for the continuation of non-production and those factors necessary to,
and his plans for, resumption of production. In no case shall temporary
cessation of production he continued for more than ten years without
terminating the operation and fully complying with the reclamation
requirements of this article.
1 .64 The Board does not take action to declare termination of the life
of the mine, which action shall require a sixty (60) day notice to the
operator alleging a violation of the permit , or that inadequate reasons
are provided in an operator 's report under Sections 1 .61 , 1 .62 or 1 .63.
In such cases , the Board shall provide a reasonable opportunity for the
operator to meet with the board to present the full case and further
provide reasonable time for the operator to bring violations into com-
pliance.
"Life of the mine" includes that period of time after cessation of production
necessary to complete reclamation of disturbed lands as required by the Board
and this article , until the Board releases , in writing , the operator from
further reclamation obligations regarding the affected land , declares the
operation terminated, and releases the surety thereon.
1 .7 Permit Transfers
Where one operator succeeds another at any uncompleted operation , the Board
shall release the first operator from all liability as to that particular
reclamation operation and shall release his surety as to such operation if
the successor operator assumes , as part of his obligation under this article,
all liability for the reclamation of the affected land , and his obligation is
covered by an appropriate surety as to such affected land.
All permits issued herein are transferrable only with the approval of the
Board. Such approval shall be niv-n if the Board is satisfied that the
successor operator agrees to and is capable of assuming all responsibility
for the conditions included under the original permit .
112(8) 1 .8 Amendments
An amendment is defined as : A CHANGE IN THE PERMIT WHICH INCREASES. OR DECREASES
THE ACREAGE OF AFFECTED LAND. OR WHICH HAS , IN THE J1IDGMEMT OF THE BOARD, A
SIGNIFICANT EFFECT ON RECLAMATION . !there applicable , there shall be filed
with any application for amendment a map and an application with the same
content as required for an original application , except that no operator will
be required to submit any information which duplicates applicable previous
submittals. The amended application shall be accompanied by a basic fee
of twenty-five dollars plus seven dollars and fifty cents per acre for the
first fifty acres , five dollars per acre for the second fifty acres , two
dollars and fifty cents per acre for the third fifty acres , and fifty cents
per acre for each additional acre. In no case shall the amendment fee be less
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