Utah Admin. Code R652-41-1000 - Bonding Provisions
1. Prior to the
issuance of a right of entry, or for good cause shown at any time during the
term of the right of entry, upon 15 days' written notice, the applicant or
permittee may be required to post with the division a bond in the form and
amount as may be determined by the division to assure compliance with all terms
and conditions of the right of entry.
2. Bonds posted on rights of entry may be
used for payment of all monies, rentals, royalties due to the permitter,
reclamation costs, and for compliance with all other terms, conditions, and
rules pertaining to the right of entry.
3. Bonds may be increased or decreased in
reasonable amounts, at any time as the division may decide, provided the
division first gives permittee 15 days' written notice stating the increase and
the reason(s) for the increase.
4.
Bonds may be accepted in any of the following forms at the discretion of the
division:
(a) Surety bond with an approved
corporate surety registered in Utah.
(b) Cash deposit. However, the state will not
be responsible for any investment returns on cash deposits.
(c) Certificates of deposit in the name of
"Utah Division of Forestry, Fire and State Lands and Permittee, c/o Permittee's
address", with an approved state or federally insured banking institution
registered in Utah. The certificate of deposit must have a maturity date no
greater than 12 months, be automatically renewable, and be deposited with the
division, the permittee will be entitled to and receive the interest payments.
All certificates of deposit must be endorsed by the permittee prior to
acceptance by the director.
(d)
Other forms of surety as may be acceptable to the division.
(e) Due to the temporary nature of rights of
entry, if the division imposes or increases the amount of a bond, a stop-work
order may be issued by the division to insure the adequacy of the bond prior to
the completion of work or activities authorized by the right of entry
permit.
Notes
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