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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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work under a compliance schedule; or has failed to comply with a compliance schedule, the Board <br />or the Division may institute bond forfeiture proceedings against the Operator in accordance with <br />the forfeiture proceedings set forth in Rule 3.04. <br />In the event an Order of forfeiture is entered by the Board and the Division against the Operator <br />requiring the forfeiture of all or any part of the self -bond, the Board or the Division will mail to <br />the Operator written demand for payment of the amount of the self -bond which was so ordered <br />forfeited and the Operator shall pay such amount in full to the indemnitee within ten (10) business <br />days after receipt of such demand. If such order is vacated, reversed, or otherwise made <br />unenforceable by court or administrative agency of competent jurisdiction, any amount previously <br />paid to the State and OSM by the Operator hereunder shall be refunded to the Operator in full <br />within thirty (3 0) business days after receipt of a certified copy of the ruling, order or other action <br />by such court or administrative agency. <br />VI. In the event the State and OSM initiates, pursues or is brought into litigation, as a result of <br />attempts to enforce bonding requirements under this indemnity agreement, the Operator agrees to <br />pay all litigation costs incurred by the State and OSM in any successful effort to enforce this <br />agreement against the Operator with respect to the operations or activity for which this agreement <br />is made. This agreement pertains to all costs reasonably connected to the operation or activity for <br />which this agreement is made. This agreement pertains to all costs reasonably connected to the <br />litigation costs and all administrative costs reasonably incurred in the course of enforcing or in <br />preparation to enforce the rules and regulations for self -bonding against the Operator with respect <br />to the operation or activity for which this agreement is made. Liability for payment of litigation <br />costs shall not be limited by the principal amount of the Operator's self -bond. The Operator agrees <br />that vouchers or other proper evidence showing payment shall be conclusive evidence of the fact <br />and amount of liability of such costs. <br />VII. This agreement shall be deemed terminated in whole or in part; (a) when and as the Board and the <br />Division, with the concurrence of OSM, certifies in writing to the Operator that the Operator has <br />successfully completed the mining and reclamation activities pursuant to the Permit as required by <br />the Act, the rules and regulations pursuant to the Act, and applicable federal laws and regulations <br />for which this agreement is posted; or (b) when, and as the Board or the Division certifies in <br />writing to the Operator that, the Operator has provided an acceptable substitution for this <br />agreement in compliance with Rule 3; or (c) when the Division, with the concurrence of OSM, <br />otherwise authorizes release of this agreement in whole or in part to the Operator pursuant to the <br />Act and the rules and regulations promulgated thereunder. <br />Operator shall have the right at any time to post a corporate surety bond, letter of credit or other <br />securities complying with Rule 3 in substitution for and release of all or part of this agreement. <br />Operator shall notify the Division in writing of any such substitution, and the Division shall notify <br />the Operator in writing of the acceptability of any such substitution. Said substitution shall not be <br />valid and effective until the Division certifies such in writing. <br />-4- <br />
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