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,' _2_ BOND N0. 645103557518BCM <br />v i <br />1 <br />WI~REAS, as part of the application for such permit, Principal has agreed with the State and <br />the United States/OSMRB to complete a speciffed plan {"tlze Plan") for reclamation, as required by <br />law, of the lands disturbed by reason of such mining operslious. 'The Flan may be amended from time <br />to time with the approval of the State, acting through the Department of Natural Resources and, as <br />appropriate, the Dirision of Minerals and Geology {"the Division") of the Mined Land Reclamation <br />Board {"the Beard") aad the United States of America, acting through the Deparnnent of the Interior, <br />Office of Surface Mixing Reclamation and F.nfnrcement ('Yhe OSMRE"). <br />The phrase `Board or Division" in this bond means the organ of State government which has <br />the authority to act in the circumstance referred to, and recognizes that the Mined Land Reclamation <br />Act (34-32-101 et s, e.~.) and the Colorado Surface Coal Ivlining Reclamation Act (34-33-101 et seg.} <br />confer diskinctive and sometimes different responsibilities upon the Board and the Division. <br />NOW THEftEFpRE, the conditions of this obligation are such that, if the above-hooded <br />Principal shall, in conducting such mining and reclamation operations, faithfully perform the <br />requirements of the k'lan, as amended from time to time, and comply with the eonditiens of the Permit <br />and with all applicable laws and regulations of the State, and if the Board or the Division shall make a <br />finding that the lands upon which such operations have been cnndnrted have heen satisfactorily <br />mclaimed, and if the OSMRB shall coaeur with this Bending, then the Board or the Division shall, <br />upon receipt of a request far 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 governing <br />release of bond, release the Principal and the surety of the extent that it determines such reclamation to <br />have been accomplished. <br />ADbITIONAT. PROVISIONS <br />(1) The amount of this bond is based upon estimate: w io the cost ofreclaxnation, and does <br />not operate to liquidate, limit, enlarge, or restrict the Principal's obligations to complete the , <br />reclamation plan and to comply in all reapect¢ with the Permit and with applicable laws and <br />regulations governing reclamation, even though the actual cost thereof may substantially exceed the <br />amount of this bond. <br />(2) The surety shall not be liable under this bond for au/amount greater than the sum <br />designated in the first paragraph hereof, unless increased by a later amendment to the bond. This bond <br />shall be reviewed by the Board of the Division from Time to time, and with the lmowledge of the <br />OSMRB, the Board or the Division may require an incrcascui the principal sum of tHis bond (and a <br />corresponding increase in the surety amount) to cover increases in the estimated costs of reclarr-ation, <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 band. <br />R/G720 <br />80 39tld Wflldl WIP 65L09486TL tt~tt L00L/6t/L0 <br />