MARVIN MANDEL, Governor

2801

IN FACT IS NOT ABANDONED AND A REASONABLE TIMETABLE
SATISFACTORY TO THE DEPARTMENT REGARDING PLANS FOR THE
REACTIVATION OF THE OPERATION, THE DEPARTMENT SHALL
DECLARE THE OPERATION ABANDONED AND INITIATE LEGAL
PROCEEDINGS AGAINST THE OPERATOR.

(B) AN OPERATION IS CONSIDERED HALTED IF ACTIVE
WORK HAS CEASED TEMPORARILY DOE TO WEATHER CONDITIONS,
MARKET CONDITIONS, OR OTHER REASONABLE CAUSE EXPLAINED IN
WRITING BY THE OPERATOR TO THE SATISFACTION OF THE
DEPARTMENT, AND ACCOMPANIED BY A STATEMENT THAT THE
OPERATOR FULLY INTENDS TO RESUME ACTIVE OPERATION WHEN
THE ADVERSE CONDITIONS HAVE PASSED. ALL NECESSARY
POLLUTION CONTROLS SHALL BE PROPERLY MAINTAINED DURING
THIS PERIOD. NO OPERATION MAY BE HALTED FOR A PERIOD
EXCEEDING 24 CONSECUTIVE MONTHS, AFTER WHICH TIME MINING
ACTIVITY SHALL BE RESUMED OR FINAL RECLAMATION WORK SHALL
BE COMMENCED. ON FAILURE OF THE OPERATOR TO RESUME
MINING OR INITIATE RECLAMATION, THE DEPARTMENT SHALL
DECLARE THE OPERATION ABANDONED AND INITIATE LEGAL
PROCEEDINGS AGAINST THE OPERATOR.

[[7-7B27]] 7-6A27. FINAL COMPLETION INSPECTION AND
REPORT.

(A)    ON COMPLETION OF RECLAMATION OF AN AREA OF
AFFECTED LAND, THE OPERATOR IMMEDIATELY SHALL NOTIFY THE
DEPARTMENT. THE DEPARTMENT SHALL MAKE AN INSPECTION OF
THE AREA, AND IF IT FINDS THAT THE OPERATOR HAS NOT
COMPLETED TO THE DEPARTMENTS REASONABLE SATISFACTION ALL
THE RECLAMATION REQUIRED BY THE PERMIT, THE DEPARTMENT
SHALL ORDER THE OPERATOR TO DO SO AT ONCE AND SHALL
REINSPECT THE AREA FOLLOWING COMPLETION OF THE WORK. IF
THE DEPARTMENT FINDS THAT RECLAMATION HAS BEEN COMPLETED
PROPERLY, IT SHALL NOTIFY THE OPERATOR IN WRITING AND
RELEASE HIM FROM FURTHER OBLIGATIONS REGARDING THE
AFFECTED LAND. AT THE SAME TIME IT SHALL RELEASE ALL OR
THE APPROPRIATE PORTION OF ANY PERFORMANCE BOND OR CASH
DEPOSIT WHICH THE OPERATOR HAS POSTED UNDER §[[7-7B20]]
7-6A20.

(B)   WITHIN SIX MONTHS FOLLOWING THE COMPLETION OF
FINAL RECLAMATION WORK THE OPERATOR SHALL FURNISH A FINAL
RECLAMATION REPORT WHICH INCLUDES THE FOLLOWING:

(1)    THE TERMS OF THE ORIGINAL SURFACE MINING
PERMIT AND ALL SUBSEQUENT MODIFICATIONS;

(2)   A SUMMARY OF THE ORIGINAL MINING AND
RECLAMATION PLAN AND ALL SUBSEQUENT MODIFICATIONS;

(3)    A STATEMENT SUMMARIZING ANY DEPARTURES
FROM THE MINING AND RECLAMATION PLAN AND THE REASONS FOR
THEM;