2796

LAWS OF MARYLAND

[Ch. 581

PRACTICES AND SUITABLE FOR THE PROPOSED SUBSEQUENT USE OF
THE LAND;

(4)    SUITABLE DRAINAGE DITCHES OR CONDUITS
SHALL BE CONSTRUCTED OR INSTALLED OR GRADING COMPLETED TO
AVOID THE COLLECTION OR EXISTENCE OF SHALL POOLS OF WATER
THAT ARE, OR LIKELY TO BECOME, NOXIOUS, ODIOUS, OR FOUL
ON THE MINED AREA;

(5)    THE TYPE OF VEGETATIVE COVER AND METHODS
OF ITS ESTABLISHMENT SHALL BE SPECIFIED AND CONFORM TO
ACCEPTED AND RECOMMENDED AGRONOMIC AND REFORESTATION
PRACTICES ESTABLISHED BY THE DEPARTMENT. ADVICE AND
TECHNICAL ASSISTANCE MAY BE OBTAINED THROUGH THE STATE
SOIL AND WATER CONSERVATION DISTRICTS.

(F)   IF CONDITIONS DO NOT PERMIT THE PLANTING OF
VEGETATION ON ALL OR PART OF THE AFFECTED LAND, AND IF
THESE CONDITIONS POSE AN ACTUAL OR POTENTIAL THREAT OF
SOIL EROSION AND SILTATION, ALTERNATIVE PROCEDURES SHALL
BE PROPOSED TO PREVENT THE THREAT OF SOIL EROSION AND
SILTATION. IF THE PROCEDURES DO NOT PREVENT THESE
CONDITIONS, THE DEPARTMENT MAY NOT APPROVE THEM.

(G)    LAKES, PONDS, AND MARSH LAND SHALL BE
CONSIDERED ADEQUATELY RECLAIMED LAND WHEN APPROVED BY THE
DEPARTMENT.

[[7-7B20]] 7-6A20. PERFORMANCE BONDS OR CASH DEPOSITS.

(A)     AFTER RECEIVING NOTIFICATION FROM THE
DEPARTMENT THAT HIS APPLICATION FOR A PERMIT HAS BEEN
APPROVED, BUT PRIOR TO COMMENCING MINING, THE OPERATOR
SHALL FILE WITH THE DEPARTMENT A BOND FOR EACH MINING
OPERATION, ON A FORM TO BE PRESCRIBED AND FURNISHED BY
THE DEPARTMENT, PAYABLE TO THE STATE AND CONDITIONED THAT
THE OPERATOR WILL PERFORM FAITHFULLY ALL THE REQUIREMENTS
OF THIS SUBTITLE.

(B)   THE AMOUNT OF THE BOND REQUIRED SHALL BE FOR A
MAXIMUM OF $750 PER ACRE BASED ON THE NUMBER OF ACRES OF
AFFECTED LAND AND COVERED BY THE PERMIT, BUT NO BOND MAY
BE FILED FOR LESS THAN $7,500, UNLESS THE OPERATOR CAN
DEMONSTRATE TO THE REASONABLE SATISFACTION OF THE
DEPARTMENT THAT THE TOTAL BOND FEE IS UNREASONABLE AND
EXCESSIVE FOR THAT PARTICULAR TRACT OF LAND AND THAT A
LESSER TOTAL AMOUNT FOR THE BOND IS SUFFICIENT TO COVER
THE RECLAMATION.

(C)   LIABILITY UNDER THE BOND SHALL BE FOR THE
DURATION OF THE MINING PERMIT AND FOR A PERIOD OF FIVE
YEARS AFTER ITS EXPIRATION, UNLESS PREVIOUSLY RELEASED IN
WHOLE OR IN PART AS PROVIDED IN §[[7-7B21]] 7-6A21.