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DCPCUP-0000-01298
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CUPS 00001-02383
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DCPCUP-0000-01298
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Last modified
12/14/2015 1:44:32 PM
Creation date
12/14/2015 11:56:02 AM
Metadata
Fields
Template:
Rezone/CUP
Rezone/CUP - Type
CUP
Petition Number
01298
Town
Burke Township
Section Numbers
25
AccelaLink
DCPCUP-0000-01298
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times during the term of this Agreement and the CUP, and for a <br /> period of two (2) years after all mineral extraction operations <br /> have ceased or until completion of reclamation if within such two <br /> (2) year period, whichever is later, a performance bond payable <br /> exclusively to the Town and the County in the amount of Fifty <br /> Thousand and 00/100 Dollars ($50, 000 . 00) to insure compliance <br /> with the reclamation plan filed with the CUP application <br /> materials. The Town and the County may review the adequacy of <br /> the amount of the bond every five years. If, as a result of the <br /> latest cost estimates for reclamation, the amount of the bond <br /> appears inadequate to the Town and the County, the Town and the <br /> County may adjust the amount of the bond required hereunder. The <br /> Town and the County shall notify the Operator that the adjustment <br /> is necessary and the reasons for it. The Operator shall post and <br /> maintain a performance bond payable exclusively to the Town and <br /> the County in the adjusted amount, or alternative proof of <br /> financial assurance if such bond is unavailable, within sixty <br /> (60) days after such notice to the Operator. <br /> The final slope of the reclaimed areas shall not be less <br /> than indicated by the plans filed with the CUP application <br /> materials . The final elevation of the CUP area shall not be less <br /> than indicated by the plans submitted with the CUP application <br /> materials. Compliance with all applicable local, state and <br /> federal laws and regulations related to reclamation is required. <br /> Operator may haul in and store uncontaminated topsoil and <br /> other material necessary to comply with the approved reclamation <br /> plan. <br /> 6 . Permits; Environmental And Land Use Compliance. <br /> Operator at its expense shall secure prior to the commencement of <br /> the mineral extraction operation all permits from local, state <br /> and federal authorities necessary to conduct the proposed mineral <br /> extraction operation. The Operator at its expense shall maintain <br /> in full force and effect all such permits during the term of this <br /> Agreement. All operations and reclamation activities shall be <br /> carried out in compliance with all applicable local, state and <br /> federal laws, ordinances and regulations for environmental <br /> protection, zoning and land use. Storage on site of bulk fuels <br /> and oils for vehicles is not permitted. <br /> 7. Insurance. Operator at its expense shall secure prior <br /> to the commencement of the operations, comprehensive general <br /> liability insurance, including public liability and property <br /> damage, with a minimum combined single limit of $2, 000, 000. 00 for <br /> personal injuries or deaths to persons or damage to property <br /> occurring in or about the Property, naming the Town and the <br /> County as additional named insureds. In the event the Town and <br /> the County reasonably determine that such amounts are inadequate, <br /> the Operator shall increase such insurance to amounts reasonably <br /> requested by the Town and the County, provided that the increased <br /> amounts are available at reasonable commercial rates. The <br /> Operator at its expense shall maintain in full force and effect <br />
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