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2018-04-20_ENFORCEMENT - C1981019
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2018-04-20_ENFORCEMENT - C1981019
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Last modified
5/1/2018 9:44:30 AM
Creation date
5/1/2018 9:31:51 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981019
IBM Index Class Name
Enforcement
Doc Date
4/20/2018
Doc Name
Response to Citizens Complaint -TRi-State Generations and Transmission Assoc Self Bond in Colorado
From
DRMS
To
OSM
Email Name
JRS
ZTT
JDM
Media Type
D
Archive
No
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S. Notice of bond forfeiture proceedings, notice of any demand for payment of the <br />Self -Bond; or, any dishonor thereof. <br />6. All other notices to which the Guarantor might otherwise be entitled in connection with <br />this Guarantee or the obligation hereby guaranteed. <br />7. The institution of any civil actions or the exhaustion of legal remedies against the <br />Operator as a condition to enforcement of this Guarantee. <br />It is understood that any notice provided by the Board or Division to the Guarantor shall <br />not constitute a release or modification of the above waivers. <br />V. This Guarantee is subject to the following conditions, to wit: <br />Any demand for funds shall be accompanied by a signed statement that the Board or <br />Division has forfeited, in whole or in part, the Self -Bond and a copy of the Order of <br />forfeiture. <br />2. This Guarantee shall be limited in amount as follows: <br />a. Reclamation costs: the indebtedness reflected by the approved Self -Bond existing <br />at the time of bond forfeiture by the Board or the Division. <br />b. Litigation and administrative costs: the actual amount of such costs reasonably <br />incurred in any successful effort to enforce requirements and obligations of the <br />Operator and/or the obligations of the Guarantor under this agreement. Litigation <br />and administrative costs shall not be limited by the indebtedness reflected by the <br />approved self -bond. <br />3. If the Operator fails to complete the reclamation as required by the Act, the rules and <br />regulations pursuant to the Act and the terms and conditions of the Permit, the Guarantor <br />shall be required to complete the approved reclamation plan for the lands in default or to <br />pay to the State and OSM the amount in full necessary to complete the approved, <br />reclamation plan, not to exceed the bond amount, within ten (10) business days after <br />receipt of the Board's or the Division's demand for payment. The Guarantor hereby <br />agrees that demands for payment may be based on and are payable on projections of <br />costs or their actual accrual and that liability for payment shall not be contingent on the <br />costs having been presently sustained. <br />4. This Guarantee may be canceled only upon notice of said cancellation being sent to the <br />Operator and the Division at least ninety (90) days in advance of the proposed <br />-4- <br />
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