Surety Bond (Corporate)

United States Department of the Interior

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

SURETY BOND FOR CORPORATION

KNOW ALL PERSONS BY THESE PRESENTS, THAT THE UNDERSIGNED

_____________________________________________________________________________

(Name of Corporation - Permittee)

,

(Street Address) (City) (State) (ZIP)

a Corporation organized and existing under the laws of the State of as Principal, and ____________________________________________________________,

(Name & Address of Surety Company)

organized and existing under the laws of the State of _____________________________ and licensed to do business in the State of ______________________________, as Surety, are held and firmly bound unto the United States Department of the Interior, Office of Surface Mining Reclamation and Enforcement (OSM) in the sum of ____________________________________________________________

__________________________________________________ ($ ),

for the payment of which sum we hereby jointly and severally bind ourselves, our successors, and assigns.

THE CONDITION OF THE ABOVE OBLIGATION is such, that:

Whereas, the above named Principal has submitted Permit Application No. ,

including a mining and reclamation plan, to conduct and reclaim surface coal mining operations, as defined pursuant to the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §1201 et seq., (the Act) and its attendant regulations; and

Whereas, the Principal has chosen to file this performance bond as a guarantee that the reclamation of the land disturbed during this surface mining operation will be completed as required by the Act and 30 CFR Chapter VII, and as specified in the Permit as issued;

Whereas, the Surety, and their successors and assigns agree to guarantee the obligation and to indemnify, defend, and hold harmless OSM from any and all losses and expenses which OSM may sustain as a result of the Principal’s failure to comply with the condition of the obligation;

Whereas obligations guaranteed by this performance bond shall be in effect for the following described lands approved as the permit area or increment upon which initial or succeeding operations will be conducted: _______________________________________

_________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________;

(If more space is needed use an attachment signed by the Surety)

Now, if the Principal faithfully completes all reclamation and abatement requirements set forth in the Act, in 30 CFR Chapter VII, and in its Permit, including the mining and reclamation plans, then this obligation shall be void; otherwise, it shall remain in full force and effect:

1. beginning on the date of the approval and issuance of Permit No.__________ and extending until all reclamation, restoration, and abatement work pursuant to the Act, 30 CFR Chapter VII, and the permit has been completed to the satisfaction of OSM; and

2. until the bond is released pursuant to 30 CFR §800.40, replaced in accordance with 30 CFR §800.30, or until the permit has been sold, reassigned or otherwise transferred in accordance with 30 CFR §774.17; and

2. for a minimum period of years, notwithstanding the requirements of sub-paragraphs (a) and (b) above, it being further understood that if the Principal performs any augmented seeding, fertilization or other supplemental reclamation work on the site prior to bond release, the period of liability under this bond shall begin again subject to the exception found in 30 CFR §816.116(c)(4) or 30 CFR §817.116(c)(4).

The failure of the Principal to fulfill the obligations specified by the Act, 30 CFR Chapter VII, and its permit, shall result in a forfeiture of this performance bond according to the procedures described in 30 CFR §800.50.

The Surety shall not cancel this bond at any time for any reason, including non-payment of premium or bankruptcy of the Principal during the period of liability. The amount of the Surety’s liability may be adjusted by OSM pursuant to 30 CFR §800.15 for lands covered by this bond which have not been disturbed by the Principal, upon application by the Principal pursuant to 30 CFR §774.13 for revision of the Permit to delete such acreage, and approval by OSM of such revision.

The Surety will give prompt notice to the Principal and to OSM of any notice received or action filed alleging the insolvency or bankruptcy of the Surety, or alleging any violations of regulatory requirements which could result in suspension or revocation of the Surety’s license to do business.

In the event the Surety becomes unable to fulfill its obligation under the bond for any reason, notice shall be given immediately to the Principal and to OSM.

Upon the incapacity of the Surety by reason of bankruptcy, liquidation, insolvency, or suspension or revocation of its license, the Principal shall be deemed to be without bond coverage in violation of 30 CFR §800.11 and shall be subject to the requirements described in 30 CFR §800.16(e)(2).

IN WITNESS WHEREOF, the Principal and Surety have hereunto set their signatures and seals as of the dates set forth below. This bond shall be effective this _____ day of _____________, 20__.

PRINCIPAL

Date __________________________ _______________________________________

(Corporation/Permittee)

Affix Seal By: ____________________________________

Corporate Official¹

Title: ____________________________________

Attorney-in-Fact¹

ACKNOWLEDGEMENT OF CORPORATE PERMITTEE

On this ______ Day of ______________________, 20 , before me, a Notary Public in and for the County of _____________________, in the State of __________________, appeared _______________________personally known to me to be the person whose name is subscribed to the forgoing instrument and who, being by me duly sworn, did say that he/she executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal on the day, month, and year aforesaid.

My Commission Expires: ______________________________________

(Notary Public in aforesaid County and State)

SURETY

Date: ____________________________ ____________________________________

(Corporate Surety)

(Affix Seal) By: ________________________________

Title: ______________________________

(Attorney-in-fact¹)

¹Where one signs by virtue of Power of Attorney or Corporate Resolution for a Surety, or corporate Principal, a certified copy of the Power of Attorney or Corporate Resolution must be filed with this bond.

NOTE: If applicable, include the name, address, and phone number of the Agent representing the Surety Company.

ACKNOWLEDGEMENT OF CORPORATE SURETY

On this ______Day of _________________________,20 , before me, a Notary Public in and for the County of _____________________, in the State of ________________, appeared ___________________________to me personally known, who being by me duly sworn, did say that he/she is _________________ of, , the corporate surety named in and which executed the within instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed, sealed and delivered in behalf of said corporation by authority of its Board of Directors, and he/she, as such officer, acknowledged said instrument to be the free act and deed of said corporation for the uses and purposes of said instrument as therein set forth.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal on the day, month, and year aforesaid.

My Commission Expires: ______________________________________

(Notary Public in aforesaid County and State)

Paperwork Reduction Act Notice

We use the information required by this form to ensure that the requirements for a surety bond under 30 CFR 800.20 have been met. You must provide the requested information to obtain a benefit (a surety bond). Under 30 CFR 842.16, the information collected is a matter of public record.

The time needed to complete this form and related forms and submit the requested information to obtain a surety bond will vary depending on individual circumstances. We estimate that the average time will be 10 hours per response. This number includes the time spent reviewing instructions, learning about the regulations, gathering and maintaining information, and completing and reviewing the forms. If you have comments concerning the accuracy of this estimate or suggestions for simplifying the forms or instructions, you may write to the Information Collection Clearance Officer, Office of Surface Mining Reclamation and Enforcement, Room 202 SIB, 1951 Constitution Ave, NW, Washington, D.C. 20240.

Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), you are not required to respond to, nor will you be subject to a penalty for a failure to comply with, a collection of information unless it displays a currently valid OMB control number.

OMB Control No. 1029-0043, expires 9/30/2015

Permit No. Page 4 of 4 Bond No. _______________________