2240

LAWS OF MARYLAND

Ch. 765

for the area, showing the location of the tract of land to
be affected by mining, and representative cross—sections.
The surveyed topographic map and cross-sections shall be
prepared and certified by a registered professional engineer
or registered surveyor and show the boundaries of the
proposed affected land, together with the drainage area
above and below the area, the location and names of all
streams, toads, railroads, and utility lines on or
immediately adjacent to the area, the outcrop line of any
mineral deposit to be mined, the location of all buildings
within 200 feet of the cuter perimeter of the area affected,
the names and addresses of the owners and present occupants,
the purpose for which each building is used, the name of the
owner of the tract where the proposed mining is to occur,
and the names of the adjacent landowners, the municipality
or district and county and nearest municipality. The
topographic map also shall show the locations of test
borings or sampling which the operator has conducted or will
conduct at the site of the proposed operation. The
cross-sections shall include the location of the test
borings or sample sites, the nature and depth of the various
strata, the thickness of any mineral seam or deposit, and
analysis of any mineral deposit or ore, the thickness of the
overburden, and an analysis of the overburden. Aerial
photographs of the tract of land to be affected by the
mining also shall be provided if they are required by the
Department. The information resulting from the test borings
is confidential information and not a matter of public
record. The Department may waive any of the requirements of
this subsection if the operator extracts less than [10,000]
30,000 tons per year OR 20,000 CUBIC YARDS PER YEAR of
minerals and the affected area is less than five acres in
size.

7-6A20.

(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] PROVIDED, HOWEVER,
THAT the [operator can demonstrate to the reasonable
satisfaction of the] Department SHALL DETERMINE [that]
WHETHER the total bond fee is unreasonable and excessive for
[that] A particular tract of land and [that] WHETHER a
lesser total amount for the bond is sufficient to cover
[the] reclamation. IN MAKING THIS DETERMINATION, THE
DEPARTMENT SHALL CONSIDER THE SIZE OF THE OPERATION, THE
AMOUNT OF LAND TO BE MINED, THE ACREAGE THAT IS UNRECLAIMED
AT ANY ONE TIME, THE PROPOSED METHOD OF REGRADING AND
REVEGETATION OF THE SITE, THE PROPOSED USE OF THE LAND
FOLLOWING RECLAMATION AND ANY OTHER RELEVANT FACTORS.

(d) The bond shall be executed by the     operator and

corporate surety licensed to do business in   the State. In

lieu of a corporate surety, [either] ONE of     the following
shall be acceptable:

(1) Deposits of cash or negotiable bonds of the