HARRY HUGHES, Governor

1127

(B)  THE DEPARTMENT SHALL DESIGNATE AN AREA AS
UNSUITABLE FOR ALL OR CERTAIN TYPES OF COAL SURFACE MINING
OPERATIONS IF THE DEPARTMENT DETERMINES THAT RECLAMATION AS
REQUIRED BY THIS SUBTITLE IS NOT TECHNOLOGICALLY AND
ECONOMICALLY FEASIBLE.

(C)  ANY PERSON HAVING AN INTEREST WHICH IS OR MAY BE
ADVERSELY AFFECTED SHALL HAVE THE RIGHT TO PETITION THE
DEPARTMENT TO HAVE AN AREA DESIGNATED UNSUITABLE FOR SURFACE
COAL MINING OPERATIONS OR TO HAVE SUCH A DESIGNATION
TERMINATED. A PETITION SHALL DESCRIBE THE PETITIONER'S
INTEREST, CONTAIN ALLEGATIONS OF FACT AND OTHER SUPPORTING
DATA. WITHIN 10 MONTHS AFTER RECEIPT OF THE PETITION THE
DEPARTMENT SHALL HOLD A PUBLIC HEARING IN THE COUNTY IN
WHICH THE AREA IS LOCATED, AFTER PUBLICATION OF THE TIME AND
PLACE OF SUCH A HEARING. PRIOR TO THE HEARING ANY PERSON
MAY INTERVENE BY FILING ALLEGATIONS OF FACTS WITH SUPPORTING
EVIDENCE. WITHIN 60 DAYS AFTER SUCH HEARING, THE DEPARTMENT
SHALL ISSUE A WRITTEN DECISION REGARDING THE PETITION, AND
THE REASONS THEREFORE.

(D)  PRIOR TO DESIGNATING ANY LAND AREAS AS UNSUITABLE
FOR SURFACE COAL MINING OPERATIONS, THE DEPARTMENT SHALL
PREPARE A DETAILED STATEMENT ON (1) THE POTENTIAL COAL
RESOURCES OF THE AREA, (2) THE DEMAND FOR COAL RESOURCES,
AND (3) THE IMPACT OF SUCH DESIGNATION ON THE ENVIRONMENT,
THE ECONOMY, AND THE SUPPLY OF COAL.

(E)  THE DEPARTMENT SHALL CONDITION ALL PERMITS IN
ORDER TO PROTECT LANDS IDENTIFIED PURSUANT TO THIS SECTION.

7-506.

(A) THE COMMITTEE SHALL ESTABLISH A REVEGETATION BOND
FOR EACH OPEN-PIT MINING OPERATION AT THE TIME OF APPROVAL
OF THE RECLAMATION PLAN. THE AMOUNT OF THE BOND SHALL BE
BASED ON THE ESTIMATED COST OF REVEGETATION FOR THE AREA
PERMITTED. THE AMOUNT OF THE BOND MAY NOT BE LESS THAN $500
PER ACRE. THE BOND SHALL BE DEPOSITED WITH THE DEPARTMENT
PRIOR TO ISSUANCE OF THE PERMIT. THE LIABILITY UNDER THE
BOND SHALL BE FOR A PERIOD COINCIDENTAL WITH THE OPERATOR'S
RESPONSIBILITY FOR REVEGETATION UNDER § 7-511. THE BOND MAY
NOT BE RELEASED UNTIL THE COMMITTEE INSPECTS AND APPROVES
THE REVEGETATION OF THE AREA FOR WHICH LIABILITY UNDER THE
BOND EXISTS.

[(a)] (B) After receiving notification from the
[director of the Bureau] DEPARTMENT that [an] THE
application for a permit has been approved, but BEFORE THE
PERMIT IS ISSUED [prior to commencing open-pit mining], the
operator shall file [on a form furnished by the Bureau], a
bond for [each] THE operation payable to the State and
conditioned that the operator will perform faithfully every
requirement of this subtitle, RULES AND REGULATIONS ISSUED
PURSUANT TO THIS SUBTITLE AND PERMIT CONDITIONS. The amount
of the bond shall be determined by the [Secretary]
DEPARTMENT and may not be less than $500 per acre based on