118 lines
3.8 KiB
Markdown
118 lines
3.8 KiB
Markdown
---
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type: document
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title: 2019 Abandoned Mined Land Pilot Project Agreement
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file: ../Reclaim II - Project Agreement.pdf
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tags:
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- Amys_Drop_Box
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- Project Reclaim II - Final Inspection
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docDate: 2019-12-11
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contentType: application/pdf
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contentLength: 1000425
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sha256sum: 35070fbdfbcd4914bd4a1a83f8264e29767eb6a9a84f384b389bc4619af71469
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sha1sum: 13e04471ad0c9a2e802f9fd9db15a572d06db2d5
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---
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2019 Abandoned Mined Land Pilot Project Agreement
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This Abandoned Mined Land (AML) Pilot Project Agreement (Agreement) is hereby entered into by the
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Virginia Department of Mines, Minerals and Energy (DMME) and _Russell County Reclamation, LLC
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(Subrecipient) for the purposes of documenting the agreement between the parties for Project
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Reclaim Phase !__ (Project) based on the following terms:
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WHEREAS, the Subrecipient has submitted a complete application (Application [Attachment B]) under
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the Office of Surface Mining Reclamation and Enforcement’s (OSMRE) AML Pilot Program Guidance for
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Project Eligibility (Attachment C); and
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WHEREAS, the Application has been reviewed by the AML Pilot Advisory Committee and submitted to
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OSMRE for vetting; and
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WHEREAS, OSMRE is satisfied with the concept of the Project and that it meets the intent of the AML
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Pilot program and has given DMME notice to move forward by the issuance of a Letter to Proceed with
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project development (Attachment D); and
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WHEREAS, OSMRE has determined that the applicant is approved for Subrecipient status (Attachment
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E); and
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WHEREAS, DMME under OSMRE’s approval has authority to reimburse the Subrecipient out of the AML
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Pilot Grant for funds expended on Project Development Costs; and
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WHEREAS, OSMRE’s approval of NEPA documents prepared by the Subrecipient, OSMRE’s subsequent
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issuance of a Finding of No Significant Impact (FONSI) and Authorization to Proceed (ATP) with
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construction, and DMME’s approval of project plans are required to finalize a project contract between
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DMME and the Subrecipient;
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NOW, THEREFORE, the parties hereto mutually agree as follows:
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ARTICLE |. OBLIGATIONS OF SUBRECIPIENT
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1. The Subrecipient agrees to be bound by the AML PILOT TERMS AND CONDITIONS (TERMS AND
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CONDITIONS) in their entirety as included as Attachment A.
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2. The Subrecipient agrees to be responsive within 5 business days to DMME questions
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communicated appropriately and provided by email to the party noted in Article V. Notices.
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3. The Subrecipient will submit invoices as directed by DMME for Project Development Costs as
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defined in Article Ill.
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ARTICLE II. OBLIGATIONS OF DMME
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1. DMME will continue in good faith toward the development of a project contract and a final
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OSMRE ATP.
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2. DMME will reimburse Subrecipient for appropriate Project Development Costs within 30 days of
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receipt of documented invoices.
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ARTICLE Ill, DEFINITION OF “PROJECT DEVELOPMENT COSTS”
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1. Project Development costs may include preparation of construction plans, preparation of
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documents for National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA)
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compliance, as well as other architectural, engineering, or legal services needed for the
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Project.
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Revised 12-11-2019
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ARTICLE IV. PENALTIES
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1. Failure to follow the TERMS AND CONDITIONS or any terms of this Agreement may result in any
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remedy as described in Section IV, Noncompliance of the TERMS AND CONDITIONS.
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ARTICLE V. NOTICES
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Any notice provided under this agreement shall be as follows:
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MME
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Email to Lesa Baker (lesa.baker@dmme.virgina.gov)
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with copies to Clara Harris (clara.harris@dmme.virginia.gov)
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Subrecipient =
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Emailto _ KK LA@6E, 60 @ MATL, Comm
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with copies to_JiKM @ NARBOKK Cd: com
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DMME
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5B,
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Bradley (Butci} C. Lambert,
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be <Se/ae
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DMME Deputy Director Date
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SUBRECIPIENT
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nL ZU parget
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Signature of Authorized Representative Title
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Kéul LArye Wrof22
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Printed Name of Authorized Date
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Representative
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Revised 12-11-2019
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