Md. Code Regs. 26.20.14.08

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.20.14.08 - Criteria and Schedule for Release of Performance Bond

A. The Bureau may not release any liability under any performance bonds until it finds that the permittee has met the requirements of the applicable reclamation phase as defined in §E of this regulation. The Bureau may release portions of the liability under performance bonds applicable to a permit following completion of reclamation phases on portions of the permit.

B. Acreage may be released from the permit area only after Reclamation Phase III has been completed on the entire permit.

C. The Bureau may not release any liability under performance bonds applicable to a permit if the release would reduce the total remaining liability under performance bonds to an amount less than that necessary for the Bureau to complete the approved reclamation plan, achieve compliance with the requirements of the Regulatory Program or the permit, and abate any significant environmental harm to the air, water, or land resources or danger to the public health and safety which might occur before the release of all lands from the permit area. If the permit area includes an alternative postmining land use plan, the Bureau shall also retain sufficient liability for the Bureau to contract for any additional work which would be required to achieve compliance with the general standards for revegetation if the permittee fails to implement the approved alternative postmining land use plan within the 2 years required.

D. The Bureau shall generally release liability under performance bonds in accordance with the following schedule:

(1) The portion of the bond submitted in accordance with Regulation .03C of this chapter may be released upon completion of all Reclamation Phase I work on the permit and the submission of a bond release application, unless the permittee requests a reduction of the open acre limit before the completion of all Reclamation Phase I work;

(2) For acreage on which Reclamation Phase II has been completed and for which a bond release application has been submitted, a portion of the bond for performance not to exceed 50 percent of the per acre rate submitted in accordance with Regulation .03D of this chapter may be released;

(3) For acreage on which Reclamation Phase III has been completed and for which a bond release application has been submitted, the remaining amount of bond equal to 50 percent of the per acre rate submitted in accordance with Regulation .03D of this chapter may be released;

(4) On lands eligible for remining, for acreage on which Reclamation Phases II and III have been completed and for which a bond release application has been submitted, bond in the amount of the per acre rate submitted in accordance with Regulation .03D of this chapter may be released.

E. For the purposes of this chapter:

(1) Reclamation Phase I is deemed to have been completed when the permittee completes backfilling, regrading, topsoil replacement, seeding, mulching, and drainage control in accordance with the approved reclamation plan.

(2) Reclamation Phase II is deemed to have been completed when:

(a) Revegetation has been established in accordance with the approved reclamation plan and the standards for the success of revegetation are met;

(b) The lands are not contributing suspended solids to stream flow or runoff outside the permit area in excess of the requirements of the Regulatory Program, or the permit;

(c) With respect to prime farmlands, soil productivity has been returned to the level of yield required;

(d) The provisions of a plan approved by the Bureau for the sound future management of any permanent impoundment by the permittee or land owner have been implemented to the satisfaction of the Bureau;

(e) The Land Reclamation Committee has inspected and approved the revegetation of the area; and

(f) All temporary drainage control structures not authorized to remain on the permit area to be released are removed and the affected area regraded, seeded, mulched, or all permanent structures are inspected and their deficiencies repaired by the operator.

(3) Reclamation Phase III is deemed to have been completed when the permittee has successfully completed surface coal mining and reclamation operations in accordance with the approved reclamation plan and achieved compliance with the requirements of the Regulatory Program, the permit, and the applicable liability period has expired.

Md. Code Regs. 26.20.14.08

Regulations .08 were previously codified as COMAR 08.13.09.15 a A_M, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.
Regulation .08 amended effective August 15, 1994 (21:16 Md. R. 1382)
Regulation .08D amended effective March 22, 1999 (26:6 Md. R. 488)