_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

RULE 7: SURETY • •
7. 1 Surety Requirements
7. 11 Before the Board issues any permit and before any Notice of
® Intent to Prospect is valid, the applicant shall post with the
Board surety in form, duration and amount to be determined by
the Board , except that :
110(3) (1) Surety for limited impact permits shall not exceed a
111 (2) (d) total of $2 ,500.00.
111 (7) (2) Surety for special permits :
(a) is 52 ,500 per acre for all operators not exempted
by subsection (b) of this section :
(b) shall not be required where the operator is a govern-
mental subdivision and the operation is solely to
provide materials for construction of public roads
under contract with the State Department of Highways
or as otherwise determined by the Board.
113(4) (3) Surety for a prospecting notice shall not exceed $2 ,000
per acre of affected land or a maximum of $25,000 for all
prospecting by the operator within the state.
In order to protect the confidential information contained
in a prospecting notice, the Board shall determine the amount
of surety by one of the following methods :
(a) Upon briefing and recommendation of the Board
staff following staff study and review, or
(b) 0n request of the applicant or on the Board 's
motion , by the Board in executive session.
115(3) (4) Surety for a regular permit , issued because of the Board 's
failure to take action within the time provided by law
shall be $2000/acre.
117(2) 7. 12 The amount of surety, established by the Board at the time of
permit approval , except those limited by law, shall be sufficient
to fully reimburse the state for all expenses , it would incur in
completing the reclamation plan in the event of default by the
operator. In determining the amount of surety, the Board shall
consider :
( 1 ) Magnitude, type and costs of reclamation:
(2) Nature, extent and duration of the mining operation.
117 7. 13 The duration of any surety shall be until the Board has approved
the reclamation and released the surety or approved substitute
surety.
117(2) 7. 14 In format, any surety shall be:
(1 ) Payable to the State of Colorado,
(2) Conditioned that the operator shall faithfully perform
all requirements of the permit , law and these pules :
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