Surface Mining And Reclamation Section - Tennessee Department Of Health And Environment
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1
2TENNESSEE DEPARTMENT OF HEALTH AND ENVIRONMENT
SURFACE MINING AND RECLAMATION SECTION
BOND NO. _______________________
APPLICATION NO. ______________________________
SURETY BOND
KNOW ALL MEN BY THESE PRESENTS, that the undersigned ___________________________
______________________________________ of ____________________________________________
Principal, and _________________________________________, Surety, are held and firmly
bound unto the State of Tennessee, its successors and assigns in the penal sum of
_________________________________________________________ Dollars (
) for
payment of which well and truly to be paid to the said State of Tennessee, do hereby
jointly
and
severally
bind
ourselves,
our
heirs,
administrators,
executors,
successors, and assigns.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the above named
Principal did on this _______ day of __________, ______, file with the Surface Mining
Section an application to engage in surface mining and reclamation operations in the
state of Tennessee; and that in said application the Principal estimates that on the
site designated ________________________________________ , _______ acres of land will
be affected by surface mining operations during the period of ________________________
following the date of the beginning of the permit issued pursuant to the aforesaid
application requiring the bond and by reclamation operations during the period of
liability prescribed under T.C.A. 59-8-209.
Said obligation is applicable to the
entire permit area specified in the approved application.
NOW, if said Principal shall successfully complete all surface mining and
reclamation operations in accordance with the approved reclamation plan pursuant
to T.C.A. 59-8-208 and T.C.A. 59-8-209 and achieve compliance with all of the
requirements
of
T.C.A.
59-8-201,
et.
seq.;
regulations
lawfully
promulgated
pursuant
to
T.C.A.
59-8-201,
et.
seq.;
the
regulatory
program,
the
permit
including the revegetation requirements specified under T.C.A. 59-8-209, then
this obligation shall be void; otherwise, it shall remain in full force and
effect.
This bond shall not be cancellable by the Surety, at any time for any
reason including, but not limited to, non-payment of premium or bankruptcy of
the
principal
during
the
period
of
liability.
Surety
bond
coverage
for
permitted lands not disturbed may be cancelled with the consent of the Section
if the principal is not in violation on the part of the Permitted lands which
have been disturbed; provided the Surety gives at least sixty (60) days notice
to
both
the
Principal
and
the
Section
of
the
intent
to
cancel
prior
to
cancellation.
Such notice of intent shall be by certified mail and shall not be
effective until received by both the Principal and the Section.
Cancellation
shall not be effective for lands subject to bond coverage which are disturbed
after receipt of notice, but prior to approval by the Section.
The Section may
approve such cancellation only if a replacement bond is filed by the principal
prior to the cancellation date, or the permit is amended so that the surface
mining operations approved under the permit are reduced to the degree necessary
to cover all the costs attributable to the completion of reclamation operations
on the reduced Permit area in accordance with T.C.A. 59-8-201, et. seq. and the
remaining performance bond liability.
The Surety shall:
(a) give prompt notice to the Principal and the Section 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;
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