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REP35525
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REP35525
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Entry Properties
Last modified
8/25/2016 12:12:50 AM
Creation date
11/27/2007 7:08:55 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1978305
IBM Index Class Name
Report
Doc Date
5/18/2004
Doc Name
Environmental Assessment
From
Nat. Park Service
To
DMG
Media Type
D
Archive
No
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calculated using information contained in the plan of operations, NPS reclamation standards, <br />State of Colorado standards, and construction/equipment productivity information. The bond <br />may be a full-cost bond (maximum reclamation cost tendered up-front), or it may be tendered in <br />a phased schedule commensurate with the phasing of the operation. A phased-bond is more <br />appropriate for long term operations such as the proposed expansion. <br />The current 12.4-acre permitted operation at the Dickerson Pit is bonded for $43,719 and is held <br />by the State of Colorado Division of Minerals and Geology. At this time, the NPS estimates that <br />the bond for the full 31.94-acre expansion may be in the range of $100,000 to $150,000. The <br />NPS would work closely with the State of Colorado Division of Minerals and Geology to <br />calculate the new bond upon the completion of the environmental compliance process. <br />The NPS may be the obligee (the party to whom performance or payment is owed) on the bond, <br />or it may accept evidence of an adequate bond held by another agency (in this case, the State <br />of Colorado Division of Minerals and Geology). If the new bond is held by the State, the NPS <br />and the State would develop a written agreement that requires NPS concurrence prior to <br />release of the bond. <br />If the operator proposes, and the NPS approves, modifications to the Special Use Permit and <br />operations in the future, the NPS may adjust the amount of the bond to conform to the <br />modifications in the permit. At no time wilt the NPS allow the estimated performance and <br />reclamation liability to exceed the bond amount. <br />The NPS will regularly review the bond or other instrument to ensure continued adequate <br />coverage of costs in the event that the operator fails to redress unauthorized damage to NPS <br />resources during the operation or to carry out reclamation. The NPS will also regularly review <br />the surety to ensure continued viability and acceptability. <br />2.8. Monitoring the Operation <br />Approval of the Plan of Operations will be conditioned upon the park Superintendent having <br />reasonable access to the site as necessary to properly monitor and ensure compliance with the <br />Plan of Operations. The authority for such access is established for other types of mineral <br />operations in park units, specifically 36 CFR § 9.10(h) and 36 CFR § 9.37(f}, and will be <br />expressly included in the Special Use Permit for the operation at the Dickerson Pit. <br />The Special Use Permit will also specify that the violation of a term or condition in the permit <br />may result in the suspension or revocation of the permit, as authorized by 36 CFR § 1.6(h). The <br />permit will explain that upon the detection of a violation, the park will notify the operator and give <br />the operator 10 calendar days in which to cure the violation. If the operator has neither cured <br />the violation nor taken substantial steps to cure the violation within 10 days of the notification, <br />the park will work with the Department of the Interior Office of the Solicitor to take steps to bring <br />the operation back into compliance, issue a suspension, or revoke the permit. The Special Use <br />Permit will also specify that the bond may not be the operator's complete limit of liability for <br />damages associated with its operation. As authorized by 36 CFR § 9.51(a), the operator will be <br />held liable for additional damages to NPS-owned or controlled lands, waters, or resources, <br />resulting from the failure to comply with the plan of operations and Special Use Permit. <br />!n addition to the remedies available to the NPS under the regulations, an operator is also <br />subject to the remedial provisions found in applicable federal, state, and local laws. For <br />instance, under 16 U.S.C. §19jj, commonly known as the "Park System Resource Protection <br />Act," any person who without authorization destroys, causes the loss of, or injures any National <br />24 <br />
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