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r WHEREAS, as part of the application for such permit, Principal has agreed with the State and <br />the United States/OSMRE to complete a specified plan ("the Plan") for reclamation, as required by <br />law, of the lands disturbed by reason of such mining operations. The Plan 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 Division of Minerals and Geology ("the Division") of the Mined Land Reclamation <br />Board (`!he Board's and the United States of America, acting through the Department of the Interior, <br />Office of Surface Mining Reclamation and Enforcement ("the 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 §A.) and the Colorado Surface Coal Mining Reclamation Act (3433-101 et seMc .) <br />confer distinctive and sometimes different responsibilities upon the Board and the Division. <br />NOW THEREFORE, the conditions of this obligation are such that, if the above-bonded <br />Principal shall, in conducting such mining and reclamation operations, faithfully perform the <br />requirements of the Plan, as amended from time 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 Division shall make a <br />finding that the lands upon which such operations have been conducted have been satisfactorily <br />reclaimed, and if the OSMRE shall concur with this finding, then the Board 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 governing <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 estimates as to the cost of reclamation, 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 respects 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 an amount greater than the sum <br />designated in the fast 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 knowledge of the <br />OSMRE, the Board or the Division may require an increase in the principal sum of tkiis bond (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 />810720 <br />0L'd L99t?-LE6-ELL wn}el uud dZ9:Z0 LO LO 6ny