2002-10-17_REVISION - M1984041 - Laserfiche WebLink

Home Browse Search

-~- NOW, THEREFORE, the Operator hereby promises the Board that it will comply vnth applicable requirements of the Act and rules and regulations of the Board with respect to the Affecte Lands. FURTHER, the Operator hereby promises the Board that it will comply with of the terms of the application for a permit, as amended and supplemented, as well as any conditions at ched to the permit by the Board. FURTHER, the Operator promises the Board, pursuant to 34-32-112 )(d) or 34-32.5-112(1)(c)(iv) ofthe Act, that it has the lawful authority to enter upon the Affected Lan s to conduct mining operations, including, but not limited to, reclamation. The Operator further reco es the right of the Board to enter to reclaim lands affected by the operation. -The description o~lands herem`rs`fo~ convenience oar-efec ce only, an~m such description, nor any revision of the permitted mining azea, nor the disturba e by the Warrantor of lands outside of the permitted mining area shall a]ter or diminish the Operator's o ~gation hereunder, which shall extend to the reclamation of all such lands disturbed. The obligation of the Operator hereunder is sucl{that, if the Operator shall successfully comply with the requirements of the Act, applicable rules and regulations, and the permit, then the Board, upon a finding that the Operator has so complied, shall release this performance warranty, acid the Operator from its obligation hereunder, to the extent that the Board detemunes that such compliance has been accomplished. The obligation of the Operator hereunder sh~li continue until released in whole or in part by the Board in accordance with applicable law. ~ In further satisfaction of the requifements of the Act, the Operator promises to be responsible for the cost of reclamation up to the amount established by the Board and has attached hereto its financial warranty, which may be amended from time to-~me. The Operator agrees that it will maintain a financial warranty (or warranties) for the estimated cosh of reclamation in good standing for the entire life of the permit. Please note that under the provisions/of the Colorado Mined Land Reclamation Act.and the Colorado Land Reclamation Act for the Extraction of Construction Materials, any Applicant or Operator that submits proof, acceptable to the Board or~{~ivision of Minerals and Geology, that an Applicant or Operator is a unit of County or Muriicipal go;/ernment, or is a department or division of State government, the Applicant or Operator •is not requirdd to submit or post any other instrument of financial responsibility but hereby promises to be respo~ible for the cost of reclamation up to the amount specified by the Board. Ifthe Board determines that the Operator is in default under this performance warranty and has failed to cure such dei`ault, although written notice of such default and ample time to cure such default have been given, the O~erators financial warranty shalt be subject to forfeiture.