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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


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


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.


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


ARTICLE II. OBLIGATIONS OF DMME


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


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


ARTICLE Ill, DEFINITION OF “PROJECT DEVELOPMENT COSTS”

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

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 ([email protected])
with copies to Clara Harris ([email protected])
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