State of West Virginia v. Wayne Elder D/B/A Black Rock Coal Company and National Surety Corporation, a Corporation

Summary

The court held that the statutory phrase requiring forfeiture of “the performance bond” referred only to the bond issued for the permit connected to the operator’s noncompliance, not to all of the operator’s bonds. Because the State gave the required thirty-day notice only for Permit No. 4797, forfeiture of the other three bonds was invalid. The court also held that the full face amount of the properly forfeited bond was recoverable because the bond was penal in nature and the reclamation damages could not be estimated with reasonable certainty.