1993-11-15_PERMIT FILE - C1981017 ‎(2)‎

• Permit No: C1981017
• IBM Index Class Name: Permit File
• Doc Date: 11/15/1993
• Doc Name: Request for federal Intervention ‎(Part 2 of 2)‎
• Media Type: D
• Archive: No

(2) Liability under the bond shall be for the duration
of the surface coal mining and reclamation operations and for
a period coincident with the operator's responsibility for
revegetation requirements in section 34 -33 -120. The bond
shall be executed by the applicant and a corporate surety
licensed to do business in this state; except that the
applicant may elect to deposit cash, negotiable bonds of the
United States government or any political subdivision of this
state, or negotiable certificates of deposit of any bank or
other savings institution organized or transacting business in
the United States. The cash deposit or market value of such
securities shall be equal to or greater than the amount of the
bond required for the bonded area. Cash or securities so
deposited shall be deposited on the same terms upon which
surety bonds may be deposited.
(3) The division shall accept the bond of the applicant
itself without separate surety when the applicant demonstrates
to the satisfaction of the division that he has the financial
means sufficient to self -bond for reclamation, pursuant to
reasonable bonding regulations promulgated by the board,
consistent with the purposes and provisions of this article.
(4) Cash or securities posted as bond shall be deposited
by the state treasurer in separate escrow accounts, to be
known as reclamation surety accounts, and interest accruing on
said funds shall be paid to the operator annually.
(5) The amount of the bond or deposit required and the
terms of each acceptance of the applicant's bond shall be
adjusted by the division from time to time for good cause as
affected land acreages are increased or decreased or when the
cost of future reclamation changes.
34 -33 -114. Permit approval or denial. (1) Upon the
basis of a complete permit application, including a
reclamation plan, or revision or renewal thereof, as required
by this article, including public notification and opportunity
for public hearing as required by sections 34 -33 -118 and
34 -33 -119, the division shall process the permit application
and issue a proposed decision granting or denying the permit,
in whole or in part, or requiring modifications to the permit
application within the time periods provided for in sections
34 -33 -118 and 34 -33 -119, and the division shall notify the
applicant in writing of the proposed decision. The applicant
for a permit or for a revision of a permit shall have the
burden of establishing that his application is in compliance
with all the requirements of this article. Within ten days
after issuing its proposed decision granting or denying a
permit, the division shall file a notice with the board of
county commissioners of the county in which the area of land
to be affected is located stating the proposed decision issued
and describing the location of the affected land.
-17-
July, 1987