PARRIS N. GLENDENING, Governor

Ch. 460

(d)     In lieu of § 7-505(b)(2)(iii) and § 7-505(d) of this subtitle, the Department
may issue permits under this section, without public hearing, upon a written finding that
the proposed operation will be conducted in a manner consistent with the environmental
and public safety objectives of this subtitle.

(e)     Instead of the amounts of bonds required by § 7-506(d) and § 7-511(a)(2) of
this subtitle, the amount of bond required for a permit issued under this section shall be
sufficient to assure completion of the reclamation plan by the Department in the event of
forfeiture, and in no case may be less than $4,000.

(f)      Instead of the provisions of § 7-511 of this subtitle relating to minimum
periods of time after which the Department may release a portion of the amount of a
bond, the Department may release up to 50 percent of the amount of a bond posted
under this section upon completion and approval of all backfilling and planting on the
permit area, and shall hold the operator responsible for the successful revegetation of the
permit area for 2 years after approval of the planting report unless this period is extended
to ensure compliance with the requirements of this subtitle. All other requirements of §
7-511 of this subtitle apply without change to permits issued under this section.]

7-515.

(A) IF THE DEPARTMENT FINDS THAT THE PROBABLE TOTAL ANNUAL
PRODUCTION AT ALL LOCATIONS OF A SURFACE COAL MINING OPERATOR WILL
NOT EXCEED 300,000 TONS, THE COST OF THE FOLLOWING ACTIVITIES, WHICH SHALL
BE PERFORMED BY A QUALIFIED PUBLIC OR PRIVATE LABORATORY OR SUCH
OTHER PUBLIC OR PRIVATE QUALIFIED ENTITY DESIGNATED BY THE DEPARTMENT,
SHALL BE ASSUMED BY THE DEPARTMENT UPON WRITTEN REQUEST OF THE
OPERATOR IN CONNECTION WITH A PERMIT APPLICATION:

(1)     THE DETERMINATION OF PROBABLE HYDROLOGIC CONSEQUENCES
REQUIRED BY § 7-505(C)(4) OF THIS SUBTITLE, INCLUDING ENGINEERING ANALYSES
AND DESIGNS NECESSARY FOR THE DETERMINATION;

(2)     THE DEVELOPMENT OF CROSS-SECTION MAPS AND PLANS
REQUIRED BY § 7-505(C)(7) OF THIS SUBTITLE;

(3)     THE GEOLOGIC DRILLING AND STATEMENT OF RESULTS OF TEST
BORINGS AND CORE SAMPLINGS REQUIRED BY § 7-505(C)(3) OF THIS SUBTITLE;

(4)     THE COLLECTION OF ANY ARCHAEOLOGICAL AND HISTORICAL
INFORMATION REQUIRED BY THE DEPARTMENT AND THE PREPARATION OF PLANS
NECESSITATED THEREBY;

(5)     PREBLAST SURVEYS REQUIRED BY THE DEPARTMENT; AND

(6)     THE COLLECTION OF SITE-SPECIFIC RESOURCE INFORMATION AND
PRODUCTION OF PROTECTION AND ENHANCEMENT PLANS FOR FISH AND WILDLIFE
HABITATS AND OTHER ENVIRONMENTAL VALUES REQUIRED BY THE DEPARTMENT
UNDER THIS SUBTITLE.

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