2010-06-07_REVISION - M2006017 - Laserfiche WebLink

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of a construction materials extraction operation shall be subject to this section if such operation is conducted solely to obtain materials for highway, road, utility, or similar construction purposes under a federal, state, county, city, town, or special district contract that requires work to commence within a specified short period of time and will affect no more than thirty acres of land. (2) (a) An operator shall apply for a special permit by filing a written application with the board on forms provided by the board for such purpose. An approved special permit shall authorize the operator to engage in the operations described on such permit until the contractual reason for such operations has been completed. (b) An application shall consist of: (I) Three application forms; (II) The application fee specified in section 34-32.5-125; (III) The financial warranty specified in subsection (5) of this section, unless the office shows good cause that the board should set such financial warranty at a different amount pursuant to section 34-32.5-117; and (IV) Three copies of an accurate map of the affected land, prepared by a professional land surveyor, professional engineer, or other qualified person. Such map shall show information sufficient to determine the location of the affected land and existing and proposed roads or access routes to be used in connection with the operation. (c) Each application form shall include: (1) The name and address of the general office and the local address or addresses of the operator; (II) The name and address of the owner of the surface of the affected land; (III) The name and address of the owner of the subsurface rights of the affected land; (IV) The approximate size of the affected land; (V) Information sufficient to describe or identify the type of operation proposed and how it will be conducted; (VI) The measures to be taken to comply with applicable provisions of section 34-32.5-116; (VII) The terms of the governmental contract which make a special permit necessary; (VIII) Evidence of any financial warranty required under the governmental contract; and (IX) A statement that the operator has applied for necessary local government approval. (3) If the board determines that any of the affected land lies within the boundaries of lands described in section 34-32.5-115 (4) (f), such land shall be withdrawn from the operation. (4) At any time after the completion of reclamation the operator may notify the board that the land or a portion of the land has been reclaimed. Upon receipt of such notice the board shall cause the land to be inspected, and, within sixty days after the board finds the reclamation to be satisfactory and in accordance with the plan agreed upon, the board shall release the performance and financial warranties or the appropriate portions of such