nm3clol-public/Amys_Drop_Box/Project Reclaim II - Final Inspection/Reclaim II - Project Agreement/README.md

type	title	file	tags	docDate	contentType	contentLength	sha256sum	sha1sum
document	2019 Abandoned Mined Land Pilot Project Agreement	../Reclaim II - Project Agreement.pdf	Amys_Drop_Box Project Reclaim II - Final Inspection	2019-12-11	application/pdf	1000425	35070fbdfbcd4914bd4a1a83f8264e29767eb6a9a84f384b389bc4619af71469	13e04471ad0c9a2e802f9fd9db15a572d06db2d5

2019 Abandoned Mined Land Pilot Project Agreement

This Abandoned Mined Land (AML) Pilot Project Agreement (Agreement) is hereby entered into by the Virginia Department of Mines, Minerals and Energy (DMME) and Russell County Reclamation, LLC (Subrecipient) for the purposes of documenting the agreement between the parties for Project Reclaim Phase !_ (Project) based on the following terms:

WHEREAS, the Subrecipient has submitted a complete application (Application [Attachment B]) under the Office of Surface Mining Reclamation and Enforcement’s (OSMRE) AML Pilot Program Guidance for Project Eligibility (Attachment C); and

WHEREAS, the Application has been reviewed by the AML Pilot Advisory Committee and submitted to OSMRE for vetting; and

WHEREAS, OSMRE is satisfied with the concept of the Project and that it meets the intent of the AML Pilot program and has given DMME notice to move forward by the issuance of a Letter to Proceed with project development (Attachment D); and

WHEREAS, OSMRE has determined that the applicant is approved for Subrecipient status (Attachment E); and

WHEREAS, DMME under OSMRE’s approval has authority to reimburse the Subrecipient out of the AML Pilot Grant for funds expended on Project Development Costs; and

WHEREAS, OSMRE’s approval of NEPA documents prepared by the Subrecipient, OSMRE’s subsequent issuance of a Finding of No Significant Impact (FONSI) and Authorization to Proceed (ATP) with construction, and DMME’s approval of project plans are required to finalize a project contract between DMME and the Subrecipient;

NOW, THEREFORE, the parties hereto mutually agree as follows: ARTICLE |. OBLIGATIONS OF SUBRECIPIENT

1. The Subrecipient agrees to be bound by the AML PILOT TERMS AND CONDITIONS (TERMS AND CONDITIONS) in their entirety as included as Attachment A.

2. The Subrecipient agrees to be responsive within 5 business days to DMME questions communicated appropriately and provided by email to the party noted in Article V. Notices.

3. The Subrecipient will submit invoices as directed by DMME for Project Development Costs as defined in Article Ill.

ARTICLE II. OBLIGATIONS OF DMME

1. DMME will continue in good faith toward the development of a project contract and a final OSMRE ATP.

2. DMME will reimburse Subrecipient for appropriate Project Development Costs within 30 days of receipt of documented invoices.

ARTICLE Ill, DEFINITION OF “PROJECT DEVELOPMENT COSTS”

1. Project Development costs may include preparation of construction plans, preparation of documents for National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA) compliance, as well as other architectural, engineering, or legal services needed for the Project.

Revised 12-11-2019

ARTICLE IV. PENALTIES

1. Failure to follow the TERMS AND CONDITIONS or any terms of this Agreement may result in any remedy as described in Section IV, Noncompliance of the TERMS AND CONDITIONS.

ARTICLE V. NOTICES Any notice provided under this agreement shall be as follows:

MME Email to Lesa Baker (lesa.baker@dmme.virgina.gov)

with copies to Clara Harris (clara.harris@dmme.virginia.gov)

Subrecipient = Emailto _ KK LA@6E, 60 @ MATL, Comm

with copies to_JiKM @ NARBOKK Cd: com

DMME

5B,

Bradley (Butci} C. Lambert,

be <Se/ae

DMME Deputy Director Date

SUBRECIPIENT

nL ZU parget Signature of Authorized Representative Title

Kéul LArye Wrof22

Printed Name of Authorized Date Representative

Revised 12-11-2019