MARVIN MANDEL, Governor

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THE NAME OF THE STATE IN TRUST FOR THE PURPOSE FOR WHICH
THE DEPOSIT IS MADE.

(3) THE OPERATOR MAKING THE DEPOSIT MAY
DEMAND AND RECEIVE FROM THE STATE TREASURER THE WHOLE OR
ANY PORTION OF ANY SECURITIES SO DEPOSITED, ON DEPOSITING
WITH THE STATE TREASURER OTHER NEGOTIABLE SECURITIES OF
THE CLASSES SPECIFIED IN THIS SECTION HAVING A MARKET
VALUE AT LEAST EQUAL TO THE REQUIRED SUM OF THE BOND.

(F) ON SUBMISSION OF THE ANNUAL PROGRESS REPORT
REQUIRED BY §7-5A12 OF THIS SUBTITLE, THE SECRETARY MAY
ADJUST THE AMOUNT OF THE BOND OR SECURITY REQUIRED FROM
THE OPERATOR TO ASSURE COMPLETION OF RECLAMATION WORK.

7-5A10.

(A)    THE PERFORMANCE BOND OR CASH DEPOSIT IN LIEU
OF A BOND SHALL BE FORFEITED ON FAILURE OF THE OPERATOR
TO PERFORM IN THE MANNER SET FORTH IN THE AUTHORIZED
MINING AND RECLAMATION PLAN AND TO RECLAIM THE LAND AS
PROVIDED FOR IN THE PERMIT OR ON REVOCATION OF THE
PERMIT. THE DEPARTMENT SHALL NOTIFY THE OPERATOR BY
REGISTERED MAIL OF ITS INTENTION TO INITIATE FORFEITURE
PROCEEDINGS. THE OPERATOR HAS 30 DAYS TO SHOW CAUSE WHY
THE BOND OR CASH DEPOSIT SHOULD NOT BE FORFEITED.

(B)    IF THE OPERATOR SHOWS CAUSE, THE DEPARTMENT
SHALL PROVIDE A REASONABLE TIME, BUT NOT LESS THAN SIX
MONTHS, FOR THE OPERATOR TO RESTORE THE LAND TO COMPLY
WITH THE PERMIT.

(C)    IF THE OPERATOR FAILS TO SHOW CAUSE, THE BOND
OR CASH DEPOSIT SHALL BE FORFEITED NISI, AND THE
DEPARTMENT SHALL GIVE NOTICE OF THE FORFEITURE TO THE
OPERATOR, TO THE LEGAL OWNER OF THE LAND IF DIFFERENT
FROM THE OPERATOR, AND TO THE SURETY. IF A SHOWING OF
INTENTION TO RESTORE IN COMPLIANCE KITH THE PERMIT IS NOT
SUBMITTED TO THE DEPARTMENT WITHIN 30 DAYS AFTER THE
FORFEITURE NISI, THE BOND OR CASH DEPOSIT SHALL BE
FORFEITED ABSOLUTE.

(D)   ON AN ABSOLUTE FORFEITURE, THE DEPARTMENT
SHALL USE THE FUNDS MADE AVAILABLE BY THE FORFEITURE TO
RECLAIM THE AFFECTED LAND AS PROMPTLY AND COMPLETELY AS
POSSIBLE. ANY AMOUNT REMAINING FROM THE BOND, CASH OR
SECURITY PROCEEDS AFTER THE AFFECTED LAND IS RECLAIMED
SHALL BE DEPOSITED TO THE CREDIT OF THE ABANDONED MINE
DRAINAGE FUND.

7-5A11.

AN OPERATOR MAY NOT CONDUCT DEEP MINING WITHIN THE
STATE IF HE PREVIOUSLY HAS FORFEITED ANY BOND POSTED
PURSUANT TO DEEP MINING ACTIVITIES, UNLESS, ON
APPLICATION, THE OPERATOR REPAYS TO THE DEPARTMENT THE
COST OF RECLAMATION, IF THE DEPARTMENT HAS RECLAIMED THE
LAND WITH INTEREST AT THE CURRENT RATE FOR THE TIME