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r '• •~ 2 BOND NO. 645103557518scM <br />i . <br />WHEREAS, as part of the application for such permit, Principal has agreed with the State and <br />the iJnited States/OSMRE to complete a specified plan ("the Plan's for reclamation, as required by <br />I law, of the lands disturbed by reason of such mining opcralious. The Flan may be amended firm time <br />to time with the approval of the State, acting through the Department o£Natural Resources and, as <br />appropriato, the Division of Minerals and Geology ("the Division") of the Mitred Land Reclamation <br />Board ("the Board") cad the United States of America, acting through the Deparnnent of the Interior, <br />Office of Surface Mining Reclamation and P'.nfnrcement ("the OSMRE"). <br />The phrase "Board or Division" in this bond means the organ of State government which has <br />the authority to acL in the circumstance referred to, aad recognizes that the Mined Land Reclamation <br />Act (34-32-101 et seq.) and the Colorado Surface Coal Mining Reclamation Act (34-33-101 et sue.) <br />confer distinctive and sometimes different responsibilities upon the Board and the Division. <br />NOW THEREFORE, the conditions of this obligation are such that, i! Lhc above-bvuded <br />Principal shall, in conducting such mining and reclamation operations, faithfully perform the <br />requirements o£the Flan, as amcndod from lime to time, and comply with the conditions of the Permit <br />and with all applicable laws and regulations of the State, and if the Board or the bivision shall make a <br />finding that the lauds upon which such operations have bees condnrte.~l have been satisfactorily <br />reclaimed, and if the OSMRE shall concur with this finding, then the Boazd or the Division shall, <br />upon receipt of a request for bond release on such lands or a request for partial release as to any <br />portion thereof, and upon the completion of applicable procedures of law and regulation goyeming . <br />release ofbond, release the Principal and the surety of the extent that it determines such reclamation to <br />have been accomplished. <br />ADDITIONAL PROVISIONS <br />(1) The amount of this bond is based upon estimatev as to the coot ofreclamation, and dons <br />not operate to liquidate, limit, enlarge, or restrict the Principal's obligations to complete the , <br />reclamation plan and to comply in all respects with the Permit and with applicable laws and <br />regulations governing t'xlamation, even though the actual cost thereof may substantially exceed the <br />amount o£this bond. <br />(2) The surety shall not be liable under this bond for an amount greater than the sum <br />designated in the first paragraph hereof, unless increased by a later amendment to the bond. T1ris bond <br />shall be reviewed by the Board of the Division from time to time, and with the knowledge of the <br />OSMRH, the Board ox the Division may require an inurcasc ui tkc puncipal sum of tltis band (and a <br />corresponding increase in the surety amount) to cover increases in the estimated costs of reclamation, <br />but no such increase shall bind the surety unless and until it shall have consented thereto in writing by <br />the issuance of an additional surety bond or by an endorsement to this bond <br />Rlorzo <br />8@ 3Jt7d NNilt11 WIP 6St09b86tL <br />Tt~ii L00Z/6Z/L0 <br />