30 CFR 800.13 - What is the liability period for a performance bond?

(a)

(1) Liability under the performance bond will be for the duration of the surface coal mining and reclamation operation and for a period coincident with the period of extended responsibility for successful revegetation under § 816.115 or § 817.115 of this chapter or until achievement of the reclamation requirements of the regulatory program and the permit, whichever is later.

(2) With the approval of the regulatory authority, you may post a performance bond to guarantee specific phases of reclamation within the permit area, provided that the sum of the phase bonds posted equals or exceeds the total performance bond amount required under §§ 800.14 and 800.15 of this part. The scope of work to be guaranteed and the liability assumed under each phase bond must be specified in detail.

(b) Isolated and clearly defined portions of the permit area requiring extended liability may be separated from the original area and bonded separately with the approval of the regulatory authority, with the following provisos:

(1) These areas must be limited in extent and not constitute a scattered, intermittent, or checkerboard pattern of failure.

(2) The regulatory authority must include any necessary access roads or routes in the area under extended liability.

(c) If the regulatory authority approves a long-term, intensive agricultural postmining land use, the revegetation responsibility period specified under § 816.115 or § 817.115 of this chapter will start on the date of initial planting for the long-term agricultural use.

(d)

(1) The bond liability of the permittee includes only those actions that the permittee is required to perform under the permit and regulatory program to complete the reclamation plan for the area covered by the bond.

(2) The performance bond does not cover implementation of the approved postmining land use or uses. The permittee is responsible only for restoring the site to conditions capable of supporting the uses specified in § 816.133 or § 817.133 of this chapter.

(3) Performance bond liability for prime farmland historically used for cropland includes meeting the productivity requirement specified in § 800.42(c) of this part.

(4) Section 800.18 of this part specifies the liability for long-term treatment of discharges.