_ENFORCEMENT - C1981017 ‎(14)‎

• Permit No: C1981017
• IBM Index Class Name: Enforcement
• Doc Name: Bid Documents ‎(IMP)‎ Violation
• 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 reclamation, as required by law, of the lands disturbed by
reason of such mining operations. The Plan may be amended from time to time
with the approval of the State , acting through the Department of Natural
Resources and, as appropriate, the Division of Minerals and Geology
("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 OWE") .
The phrase "Board ut' 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 (34-32--101 et seg. ) and the
Colorado Surface Coal Mining Reclamation Act (34-33--101 et seq. ) 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 Plan, as amended from I
time to time, and comply with the conditions of the Permit and with all
applicable laws and regulations of the State, 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, then the Board or the Division shall , upon receipt of a
request for bond release on such lands or a request for partial release as to
any portion thereof, and upon the completion of applicable procedures of law
and regulation governing release of bond, release the Principal and the surety
to the extent that it determines such reclamation to have been accomplished.
ADDITIONAL PROVISIONS
(1) The amount of this bond is based upon estimates as to the cost of
reclamation, and does not operate to liquidate, limit, enlarge, or 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) The surety shall not be liable under this bond for an amount
greater than the sum designated in the first paragraph hereof, unless
increased by a later amendment to this bond. 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 estimated costs of reclamation, but no such increase shall
bind the surety unless and until it shall have consented thereto in writing by ,
the issuance of an additional surety bond or by an endorsement to this bond.