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Session Laws, 1988
Volume 770, Page 2225   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 189

retain bonds in an amount sufficient to insure completion of the
reclamation plan by the Department in the event of forfeiture.]

(A) (1) NO LATER THAN THE TIME THE MINING AND RECLAMATION
PROGRESS REPORT REQUIRED BY § 7-507(B) IS SUBMITTED, THE OPERATOR
SHALL SUBMIT A BACKFILLING AND PLANTING REPORT ON A FORM
FURNISHED BY THE DEPARTMENT FOR ALL AFFECTED AREAS WHICH HAVE
BEEN BACKFILLED, REGRADED, AND PLANTED IN ACCORDANCE WITH THIS
SUBTITLE AND THE APPROVED RECLAMATION PLAN. THE REPORT SHALL
PROVIDE THE FOLLOWING INFORMATION:

(I)  THE NUMBER OF ACRES AFFECTED ON THE PERMIT;

(II)  THE NUMBER OF ACRES BACKFILLED AND PLANTED
FOR THE PERIOD OF THE REPORT;

(III)  THE NUMBER OF BACKFILLED AND PLANTED
ACRES PREVIOUSLY REPORTED;

(IV)  A MAP SHOWING THE AREA OF THE PERMIT BEING
REPORTED AS BACKFILLED AND PLANTED; AND

(V)  SUCH OTHER RELEVANT INFORMATION AS THE
DEPARTMENT REQUIRES.

(2)  THE DEPARTMENT SHALL INSPECT THE REPORTED AREA TO
DETERMINE IF THE BACKFILLING AND PLANTING HAS BEEN DONE IN
ACCORDANCE WITH THE APPROVED RECLAMATION PLAN. IF THE DEPARTMENT
DETERMINES THAT THE REPORTED AREA HAS BEEN BACKFILLED AND PLANTED
ACCORDING TO THE APPROVED PLAN, THE REPORT SHALL BE APPROVED.

(3)  IF THE DEPARTMENT DOES NOT APPROVE THE
BACKFILLING AND PLANTING REPORT, IT SHALL NOTIFY THE OPERATOR IN
WRITING, SETTING FORTH THE REASONS FOR DISAPPROVAL AND
IDENTIFYING THE ACTION NECESSARY TO SECURE APPROVAL. THE
OPERATOR SHALL TAKE THE ACTION NECESSARY TO SECURE APPROVAL OF
THE REPORT.

[(b) (1) Within 2 weeks after planting is completed, the
operator shall file a planting report with the Department on a
form furnished by the Department, giving the following
information:

(i) Identification of the operation;

(ii) Type of planting;

(iii) Date of planting;

(iv) Area of land planted; and

(v) Other relevant information the Department
requires.]

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Session Laws, 1988
Volume 770, Page 2225   View pdf image
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