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Session Laws, 1981
Volume 741, Page 1949   View pdf image
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HARRY HUGHES, Governor                               1949

(I)  [identification] IDENTIFICATION of the
operation[,];

(II)   [type] TYPE of planting[,];

(III)   [date] DATE of planting[,];

(IV)   [area] AREA of land planted[,]; and

(V)   [other] OTHER relevant information the
Department requires.

(2) The Department shall inspect the premises
within one month after the planting report is filed to
determine if the planting has been done in accordance with
the approved reclamation plan. If the Department determines
that the reported area has been planted according to the
approved plan the report shall be approved. If the report
is approved, the operator shall be responsible for the
successful revegetation of the reported area for a period of
5 full years after the approval unless liability is extended
by the Committee or Department to insure compliance with the
requirements of this subtitle, rules and regulations or
permit conditions. Not sooner than 2 years after the report
is approved, the Department may release a portion of the
revegetation bond in accordance with the requirements of §
7-506 OF THIS SUBTITLE. [provided that,] HOWEVER, the
Department shall at all times retain bonds in an amount
sufficient to insure reclamation by the Department in the
event of forfeiture, which amount may not be less than
$10,000.

7-6A-20.

(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 covered by the permit[, but no] . BUT, A bond
may NOT be filed for less than $7,500[, provided, however,
that] . HOWEVER, the Department shall determine whether the
total bond fee is unreasonable and excessive for a
particular tract of land and whether a lesser total amount
for the bond is sufficient to cover 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.

(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 § 7-6A-21 OF THIS SUBTITLE.

7-907.

 

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Session Laws, 1981
Volume 741, Page 1949   View pdf image
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