Laserfiche WebLink
~. <br />-z- <br />WREREAS, as part of the application for such permit, Principal has <br />agreed with the State and the United States/OSMRE to complete a specified Plan <br />("the Plan") for the reclamation, as required by law, of the area or areas of <br />lands disturbed by reason of mining operations. Such plan may be amended from <br />time to time with the approval of the State, acting through the Department of <br />Natural Resources, Mined Land Reclamation Division ("the Division") or the <br />Mined Land Reclamation Board <"the Board"), and the United 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 Division" 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 Reclamation Act and the Colorado Surface Coal <br />Mining Reclamation Act confer distinctive and sometimes different <br />responsibilities upon the Board and the Division. <br />NOW, 7NEREFORE, the conditions of this obligation are such that if the <br />above-bonded Principal shall, in conducting such mining and reclamation <br />operations, faithfully perform the requirements of the Plan, as amended from <br />time to time, the conditions of the permit issued for such operations and all <br />applicable provisions of law including the regulations adopted pursuant to <br />applicable statutes, and if the Board or the Division shall make a finding <br />that the lands upon which such operations have been conducted have been <br />satisfactorily reclaimed, and if the OSMRE shall concur with this finding, and <br />if the Board or the Division 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 in writing by the Board or the Division; otherwise, to <br />remain in full force and effect. <br />ADDITIONAL PROVISIONS <br />(1) The amount of this bond is based upon estimates as to the cost of <br />reclamation, and does not operate as a limit upon or otherwise restrict, the <br />Principal's obligations 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 />(z) This bond shall be reviewed by the Board or the Division from time <br />to time, and with the knowledge of the OSMRE the Board or the Division may <br />require an increase in the principal sum of this bond (and a corresponding <br />increase in the surety amount) to cover increases in the costs of reclamation, <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 Certificate of <br />Deposit or by a substitute Certificate of Deposit in an increased amount. <br />(3) The description of lands above set forth is for convenience of <br />reference only, and no error in such description nor any revision of the <br />permitted mining area,. nor the .disturbance_by_..the Pr..incipal of_lands_outside.___ .__ ___ <br />of-the permitted mi"Wing-area-shall-alter or diminish-the Principal'-s-- - -~ - ~ - ---- <br />_. ___obligation_hereunder_ or _the_Bank's_obligatio~_under i_ts Certificate of _ _ ___ <br />Deposit, which shall extend to the reclamation of all such lands disturbed. <br />