GENERAL38445

• Permit No: C1980004
• IBM Index Class Name: General Documents
• Doc Date: 5/13/2002
• Doc Name: MINE PLAN DECISION LETTERS OF CONCURRENCE TO STATE PERMIT
• Permit Index Doc Type: Other Permits
• Media Type: D
• Archive: No

• _,_
WHEREAS, as part of the application for such permit, Principal has
agreed with the State and the United States/OSMRE to complete a specified Plan
("the Plan") for the reclamation, as required by law, of the area or areas of
lands disturbed by reason of mining operations. Such plan may be amended from
time to time with the approval of the State, acting through the Department of
Natural Resources, Mined Land Reclamation Division ("the Division") or the
Mined Land Reclamation Board ("the Board"), and the United States of America,
acting through the Department of the Interior, Office of Surface Mining
Reclamation and Enforcement ("the OSMRE").
The phrase "Board or Division" in this bond means that organ of State
government which has the authority to act in the circumstance referred to, and
recognizes that the Mined Land Reclamation Act and 'the Colorado Surface Coal
Mining Reclamation Act confer distinctive and sometimes different
responsibilities upon the Board and the Division.
NOW, THEREFORE, the conditions of this obligation are such that if the
' above-bonded Principal shall, in conducting such mining and reclamation
operations, faithfully perform the requirements of the Pian, as amended from
time to time, the conditions of the permit issued for such operations and ail
applicable provisions of law including the regulations adopted pursuant to
applicable statutes, and if the Board or the Division shall make a finding
that the lands upon which such operations have been conducted have been
satisfactorily reclaimed, and if the OSMRE shall concur with this finding, and•
if the Board or the Division shall receive a request for a band releasf on
such lands or a request for partial release as to any portion thereof; then
this obligation shall be exonerated and discharged and become null and void to
the extent released in writing by the Board or the Division; otherwise, to
remain in full force and effect.
ADDITIONAL PROVISIONS
(1) The amount of this bond is based upon estimates as to the cost of
reclamation, and does not operate as a limit upon or otherwise restrict, the
Principal's obligations to complete the reclamation plan and to comply in all
respects with the permit and with applicable laws and regulations governing
reclamation, even though the actual cost thereof may substantially exceed the
amount of this bond.
(2) This bond shall be reviewed by the Board or the Division from time
to time, and with the knowledge of the OSMRE the Board or the Division may
require an increase in the principal sum of this bond (and a corresponding
increase in the surety amount) to cover increases in the costs of reclamation,
but no such increase shall bind the Bank unless and until it shall have
consented thereto in writing by the issuance of an additional Certificate of
Deposit or by a substitute Certificate of Deposit in an increased amount.
(3) The description of lands above set forth is for convenience of
reference only, and no error in such description nor any revision of the
• permitted mining area, nor the disturbance by the Principal of lands outside
of the permitted mining area shall alter or diminish the Principal's
obligation hereunder or the Bank's obligation under its Certificate of
Deposit, which shall extend to the reclamation of all such lands disturbed.