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MRR 04 '94 10 59 CO~OR~iNING RSSN 303 8948416 • P•5~9 <br />4 <br />Where the Board fails to act in a timely fashion, tkie <br />permit is deemed granted and will iss~~e upon the <br />presentation of a bond or other security in the amount of <br />52,000 per acre of affected land. <br />The Board must grant a permit unless it can base a denial <br />on one or more of the following reasons: <br />1. incomplete application, <br />2. failure to post required bond or other security, <br />3. failure to pay application fee, <br />4. including within the operation, reclamation plan's, or <br />proposed future use something contrary to federa:i or <br />state law or local zoning or planning scheme, <br />5. jeopardizing other man-made permanent structures <br />within 200 feet of the operation absent an agreement <br />with the owner of such structures to pay compeas:ttion, <br />6. placing the operation on any of several types of <br />federal, state, or local land which has been set <br />aside for scenic or recreational purposes without: <br />having first obtained additional approvals from t:he <br />appropriate governmental entity, and <br />7. inability to implement the proposed operation or <br />reclamation plan in conformance with the duties <br />imposed upon operators by the bill. <br />DUTIES OF OPERATORS <br />The bill imposes 18 duties on operators. These duties should <br />be reviewed in detail prior to the preparation of any reclama- <br />tion plan. Where appropriate the statutory duties should be <br />worked into the development of the plan and other information <br />submitted to the Hoard at the time of application. The <br />duties, briefly stated, include the following: <br />1. Reclamation plena and maps must be updated and <br />submitted each year, along with annual inspection <br />fees of $350 for open mining operations or 5275.f~~r <br />other types of mining operations. <br />2. Grading must create a final topography consistent <br />with the final land use. <br />3. Earth dams to impound water must not interfere wi1:h <br />mining operations or drainage and must not violatE: <br />pollution standards. <br />4. Acid forming or toxic producing material must be <br />handled to protect the drainage system from pollution. <br />