(1) Liability under performance bond(s) applicable to a permit shall continue until all reclamation, restoration and abatement work required of persons who conduct surface coal mining and reclamation operations under requirements of the Act, these regulations and the provisions of the permit, has been completed, and the permit terminated by release of the permittee from any further liability in accordance with Subchapter 880-X-9D.
(a) In addition to the period necessary to achieve compliance with all requirements of the Act, this Chapter, the regulatory program, and the permit, the period of liability under performance bond shall continue for a minimum of five years after the last year of augmented seeding, fertilization, irrigation, or other work.
(b) The period of liability shall be extended an additional five years whenever augmented seeding, fertilization, irrigation, or other work is required or conducted on the site prior to bond release.
A portion of a bonded area requiring extended liability because of augmentation may be separated from the original area and bonded separately upon approval by the State Regulatory Authority. Before determining that extended liability should apply to only a portion of the original bonded area, the State Regulatory Authority shall determine that such area portion --
(a) Is not significant in extent in relation to the entire area under bond, and
(b) Is limited to isolated or distinguishable portions of the bonded area and does not constitute a checkerboard pattern of failure throughout the bonded area.
If the State Regulatory Authority approves a long-term intensive agricultural postmining land use, in accordance with Rules 880-X-10C-.66
, the applicable five-year period of liability shall commence at the date of initial planting for such long-term intensive agricultural land use.
If the State Regulatory Authority issues a written finding approving a long-term intensive agricultural land use, the operation shall be exempt from the requirements of Rules 880-X-10C-.58(l)
. Such a finding shall not constitute a grant of an exception to the bond-liability periods of this Rule.
The bond liability of the permittee shall include only those actions which the operator is obliged to take under the permit, including completion of the reclamation plan in such a manner that the land will be capable of supporting a postmining land use approved under Rules 880-X-10C-.66
. Actions of third parties which are beyond the control and influence of the operator and for which the operator is not responsible under the permit need not be covered by the bond.
If an area is separated under Paragraph (3) of this Rule, that portion shall be bonded separately and the applicable period of liability, in accordance with Rule 880-X-9B-.04(2) shall commence anew. The period of liability for the remaining area shall continue in effect without extension. The amount of bond on the original bonded area may be adjusted in accordance with Rule 880-X-9B-.05
Author: Randall C. Johnson