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Ul lad '7c lU•c7 lL.lu I1!IVr_L Lri •L nL ~ icy ~•_~: uc c_~~ -.._~ __ <br />-Z- <br />WHEREAS, as part of tha application fo~• such permit, Principal has <br />• agreed with the State and the United States/OSMRE to complete a specified Plan <br />l"the Plan") for the reciamdtton, as required by law, of the area or areas of <br />lands disturbed by reason of mining operations. Such pion may be amended from <br />time to time with the approval oP the State, ncting through the Department oP <br />Natural Resources, Mined land Reclamation Division ("the Division") or the <br />Mined Land Reclamation Board ("the Board">, and the Untted States of America, <br />acting through the Department of the Interior, Office of Surface Mining <br />Reclamation and Enforcement ("the OSMRE"). <br />The phrase "Board or Otvlsfon" In this bond means that organ of State <br />government which has the authority to act In the circumstance referred to, and <br />recognizes that the Mined Land Rectamatlan Act and the Colorado Surface Coal <br />Mining Reclamation ACt confer distinctive and sometimes different <br />respans1b111t1es upon the Board and the 01v1s1on. <br />NON, THEREFORE, the conditions of this o611gation are such that 1f the <br />above-bonded Principal shall, in conducting such mining and reclamation <br />operations, faithfully perform the requirements of the Ptan, as amended from <br />time to time, the conditions of the permit issued for such operations and all <br />appiicable provisions of law including the regulations adopted pursuant to <br />applicable statutes, and tf the Board or the Oivislon shall make a finding <br />that the lands upon which such operations have been conducted have been <br />satisfactorily reciafined, and if the O5MR£ shall concur with this finding, and <br />1f the Board or the 0iv1s1on shall receive a request for a bond release on <br />such lands or a request for partial release as to any portion thereof, then <br />this obligation shall be exonerated and discharged and become null and void to <br />• the extent released to writing by the Board or the Division; otherwise, to <br />remain 1n full force and effect. <br />ADDITIONAL PROVISIONS <br />(1) The amount of this bond is based upon estimates ds t0 the cost of <br />reclamation, and does not operate as a limit upon or otherwise restrict, the <br />Principal's obifgatlons to complete the reclamation plan and to comply in all <br />respects with the permit and with applicable laws and regulations governing <br />reclamation, even though the actual cost thereof may substantially exceed the <br />amount of this bond. <br />(2) 7h1s bond shall be reviewed by the Board or the Division from time <br />t0 time, an6 with the knoxledge of the OSHRE the Board or the Division may <br />require an increase in the principal sum of this bond (and a corresponding <br />Inrreate -n the surety amountl to cover Increases In the costs of rprlamattnn, <br />but no such Increase shall bind the Bank unless and until It shall have <br />consented thereto In writing by the issuance of an additional Certtflcate of <br />Deposit or by a 3ubstltute Certificate of Deposit in an incroasad amount. <br />C3> The description of lands above set forth is for convenience of <br />referents only, and no error }n such descr}ption nor any revision of the <br />permitted mining area, nor the disturbance by the principal of lands outside <br />of the permitted mining area shaT1 alter or diminish the Principal's <br />obligation hereunder or the Hank's obligation under Its Certlflcate of <br />• Deposit, which Shall extend to the reclamation of all such lands disturbed. <br />