Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-18 - Surface mine reclamation › Section 332-18-120 - Performance security

Current through Register Vol. 24-14, July 15, 2024
(1) The performance security
			 required by
			 RCW 78.44.087 may be in
			 the form of a corporate surety bond executed in favor of the
			 department by a corporation authorized to do business in the state of
			 Washington under
			 Title 48
			 RCW.
(2) After July 1,
			 1995, performance bonds required by
			 RCW 78.44.087 shall be
			 substantially in the following form, unless, in considering any
			 reclamation permit, the department determines that a different form
			 is desirable or required.
SURFACE MINING RECLAMATION
							 BOND
Permit No. . . . .
KNOW ALL PEOPLE BY THESE PRESENTS, That
we,. . . . . . . . . . . , as Principal, and. . . . .
				. . . . . , a corporation organized and existing under the laws of
				the State of. . . . . . . . [,] and authorized to transact business
				in the State of Washington, as Surety, are held and firmly bound unto
				the State of Washington, acting through the Department of Natural
				Resources, in the sum of. . . . . . . . ($. . . . . . ) U.S. DOLLARS,
				for the payment of which sum we bind ourselves, and each of our legal
				representatives, executors, administrators, successors and assigns,
				jointly and severally, firmly by these presents.
WHEREAS, The Principal has received from the
				Department of Natural Resources, State of Washington, an operating or
				reclamation permit to conduct surface mining on the Premises whose
				legal description is in the portion of:
Sec(s)..., ..., ..., ..., T, ..., N, R...
							 (E)(W) W.M. (circle one):
Sec(s)..., ..., ..., ..., T, ..., N, R...
							 (E)(W) W.M. (circle one):
Sec(s)..., ..., ..., ..., T, ..., N, R...
							 (E)(W) W.M. (circle one):
Sec(s)..., ..., ..., ..., T, ..., N, R...
							 (E)(W) W.M. (circle one):
. . . . . . . . . . . . . . .
							 (counties)
. . . . . . . . . . . . . . . . . . . . . .
							 . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . .
							 . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . .
							 . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . .
							 . . . . . . . . . . . .
NOW, THEREFORE, The conditions of this obligation are
				such that if the Principal, in conducting such surface mining
				operations, faithfully performs the requirements of the permit, these
				rules, and the act, then this obligation shall be void; otherwise the
				obligation shall remain in full force and effect. In accordance with
				RCW 78.44.087, this bond
				secures completion of reclamation for the area to be surface mined
				and related costs after the signature date of this bond and any
				previously disturbed areas on the Premises on which reclamation has
				not been satisfactorily completed and approved.
PROVIDED, However, the Surety shall not be liable
				under this bond for an amount greater in the aggregate than the sum
				designated in the first paragraph hereof and any reasonable legal
				fees that the department may incur to recover the security under
				RCW 78.44.240. The
				Surety shall not be liable for surface mining performed on the
				Premises after a date sixty days after the Surety mails a
				cancellation notice to the Principal and the Department of Natural
				Resources, Olympia, Washington. The bond shall remain in full force
				and effect as respects obligations related to surface mining
				performed on the Premises before that date unless the Principal files
				a substitute bond or other performance security, approved by the
				Department of Natural Resources, or unless the Department of Natural
				Resources otherwise releases the Surety in writing.
Signed, sealed and dated this. . . . day of. . . . .
				. . . . . . . . . . . , . . . .
(3) Bonds submitted under
			 RCW 78.44.087 shall
			 contain a legal description of the area for which a reclamation
			 permit has been issued. An acceptable legal description for bonds
			 takes this form: "a portion of sec. 15 T2N R3E." After July 1, 1994,
			 the department will generally not accept metes and bounds
			 descriptions.
Statutory Authority:
				  RCW 78.44.040,
				  34.05.220,
				  43.21C.135 and
				  78.44.250. 94-14-051,
				  § 332-18-120, filed 6/30/94, effective 8/2/94. Statutory
				  Authority:
				  RCW 78.44.040. 92-20-059
				  (Order 605), § 332-18-120, filed 10/2/92, effective 11/2/92;
				  Order 86, § 332-18-120, filed 10/27/70, effective
				  11/28/70.
Reviser's note:
The brackets and
				  enclosed material in the text of the above section occurred in the
				  copy filed by the agency.