Ch. 189

LAWS OF MARYLAND

(B) (1) UPON APPROVAL OF THE BACKFILLING AND PLANTING
REPORT REQUIRED BY SUBSECTION (A) OF THIS SECTION, THE DEPARTMENT
MAY SHALL RELEASE A THAT PORTION OF THE LIABILITY ON THE BOND
REQUIRED BY REPRESENTING THE OPEN-ACRE AMOUNT DETERMINED UNDER §
7-506(B) 7-506(B)(2)(II) OF THIS SUBTITLE IN ACCORDANCE WITH
PROVISIONS SET FORTH IN § 7-506(H) OF THIS SUBTITLE.

(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 REQUIRED BY SUBSECTION (A) OF
THIS SECTION 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. However, the Department shall at all times
retain bonds in an amount sufficient to insure reclamation by the
Department in the event of forfeiture.]

(3)  NO SOONER THAN 2 YEARS AFTER THE REPORT REQUIRED
BY SUBSECTION (A) OF THIS SECTION IS APPROVED, IF THE
REVEGETATION HAS BEEN ESTABLISHED ON THE AREA IN ACCORDANCE WITH
THIS SUBTITLE AND THE APPROVED RECLAMATION PLAN AND THE COMMITTEE
HAS APPROVED THE REVEGETATION ON THE AREA, THE DEPARTMENT MAY
RELEASE AN ADDITIONAL PORTION OF THE BOND REQUIRED BY § 7-506(B)
OF THIS SUBTITLE IN ACCORDANCE WITH § 7-506(H) OF THIS SUBTITLE.

(4)  THE DEPARTMENT SHALL AT ALL TIMES RETAIN BONDS IN
AN AMOUNT SUFFICIENT TO INSURE COMPLETION OF THE RECLAMATION PLAN
BY THE DEPARTMENT IN THE EVENT OF FORFEITURE.

(5)  WHEN THE OPERATOR HAS SUCCESSFULLY COMPLETED ALL
SURFACE COAL MINING AND RECLAMATION ACTIVITIES, THE DEPARTMENT
MAY RELEASE THE REMAINING PORTION OF THE BOND, BUT NOT BEFORE THE
EXPIRATION OF THE PERIOD SPECIFIED FOR OPERATOR RESPONSIBILITY IN
SUBSECTION (B))(2) OF THIS SECTION; PROVIDED, HOWEVER, THAT NO
BOND SHALL BE FULLY RELEASED UNTIL ALL RECLAMATION REQUIREMENTS
OF THIS SUBTITLE ARE FULLY MET.

[7-512.

If the Department does not approve the planting report, it
shall notify the operator in writing, setting forth the reasons.
The operator shall take the steps required to remove any
objection.]

[7-513.

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