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Doc Date:12/11/2001 <br />III IIIIIIIIIIIII III <br />sss <br />• RULE 3 <br />PERFORMANCE BONDING REQUIREMENTS <br />3.02 -PERFORMANCE BOND REQUIREMENTS FOR SURFACE COAL MINING AND <br />RECLAMATION OPERATIONS <br />Consistent with the applicable requirements of thi <br />reclaiming existing and proposed surface disturbance <br />mining operations and has posted and maintains a <br />estimated costs. The following sections briefly <br />considerations. <br />section, OMI has estimated the costs of <br />associated with OMI's ongoing underground <br />~propriate reclamation surety to address the <br />discuss related bonding requirements and <br />3.02.2 -DETERMINATION OF BOND AMOUNT <br />The amount of the surety bond that OMI has posted and maintains is based on the estimated cost <br />for the Colorado Mmed Land Reclamation Board to complete reclamation of all mine-related surface <br />disturbance within the Permit Area using an independent third-parry contractor(s). The estimate of <br />mine reclamation cosu is based on the level and nature of existing and proposed disturbance and <br />completion of reclamation consistent with the reclamation plans presented and approved in the Mute <br />Permit document. The total estimated cost includes appropriate overhead cosu for design, bidding, <br />and management of the reclamation work, as well as reasonable contractor profit and contingency <br />fees. <br />In practice, OMI has initially provided the DMG with preliminary cost estimates For reclaiming <br />• existing and proposed disturbance. The DMG then completes independent bonding calculations <br />using the DMG's in-house bond calculation sofrware and returns copies of the resulting computer <br />spreadsheets for OMI's review and concurrence prior to setting the final bond amount. Copies of <br />the final approved reclamation bond cost estimates are provided in Exhibit 2.03-E3, Insurance and <br />Bonding Information. <br />The bond amount is periodically reviewed and adjusted, as appropriate, to reflect any proposed new <br />disturbance, as well as any changes in reclamation methods, scheduling, or equipment, labor, or <br />material costs. Norsnally, the bond amount is reviewed and appropriate adjustments made in <br />conjunction with Permit Mid-Term Review, Permit Renewal, and at any time that the permit is <br />revised or modified. OMI has maintained sufficient excess bond surety to provide a buffer between <br />the estimated reclamation liability and the actual surety amount, allowing for minor adjustments in <br />the bond amount without having to post additional surety. <br />3.02.3 -PERIOD OF LIABILITY FOR PERFORMANCE BOND <br />Because the mine u in asemi-arid region, receiving less than 26 inches of annual precipitation, the <br />minimum reclamation liabiliry period u 10 yEars, except for any lands where industrial, commercial, <br />or residential postmining land use(s) are approved. For any areas where these alternative postmining <br />land uses are approved, the minimum reclamation liability period extends until the perrrtittee <br />demonstrates that the approved alternative land use has commenced or is likely to be achieved and <br />the revegetation requirements of Rule 4.15.10(2) or Rule 4.15.10(3) are met. <br />• <br />PR04 3.02-1 Revised August 2000 <br />