Md. Code Regs. 26.21.01.27

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.21.01.27 - Surface Mining Permit Bond or Other Security

A. Before the Department may issue a surface mining permit, an applicant shall file a performance bond with the Department in accordance with Environment Article, § 15-823, Annotated Code of Maryland.

B. Liability under the bond shall be for the duration of the mining permit, and for a period of 5 years after the permit's expiration date.

C. The bond shall be released before the time specified in §B of this regulation if the Department determines that the reclamation has been completed in accordance with the permit, the approved mining and reclamation plan, and the topographic map.

D. Upon application of the permittee, the Department may make a partial release of the bond in proportion to the amount of land reclaimed as set out in §E of this regulation.

E. A site shall be considered reclaimed if all of the following conditions are met:

(1) The site has been reclaimed in accordance with the permit, the approved mining and reclamation plan, and topographic map;

(2) If vegetation is required, it has been viable for at least two or more growing seasons;

(3) 90 percent of the permit area that is required to be vegetated has been successfully vegetated;

(4) If the permit area is to be reclaimed as farmland, the operator shall demonstrate that two or more crops have been harvested, and that the crop yield is typical of the area;

(5) Any trees that have been planted survive three or more growing seasons.

F. The Department may withhold release of the bond or other security for a period not to exceed 3 years from the Department's determination of completion of the reclamation requirements of the mining and reclamation plan in order to verify the success of reclamation, but not longer than the duration of the bond.

G. The permittee may request that the Department reduce the amount of the bond during the extended period provided for in §F of this regulation, except that the new bond amount shall be sufficient to cover the cost of performing any additional work necessary to complete the reclamation.

H. Bonds may be adjusted upon renewal, modification, or transfer of a permit to maintain the bond at a level sufficient to accomplish the approved mining and reclamation plan.

I. The permittee, or the bond issuing entity, shall send a written notice to the Department 90 days before the expiration or maturity date of any surety bond, certificate of deposit, or irrevocable letter of credit.

J. A processing plant area may be considered reclaimed and the portion of the bond that applies to that area may be released, if one of the following conditions is met:

(1) The plant, except for buildings which are permanent structures, is dismantled and removed from the site, and the site is reclaimed in accordance with the approved mining and reclamation plan and topographic map; or

(2) A county or local regulatory agency issues a grading permit or other applicable permit that:

(a) Applies to a wash processing plant area,

(b) Requires the site to be reclaimed,

(c) Requires a bond to be filed with the regulatory agency in an amount sufficient to reclaim the site, and

(d) Requires the bond to be used to reclaim the site.

K. Any impoundment that results from mining activity and that will remain as part of the final landform shall be constructed or reconstructed in accordance with Environment Article, § 5-503, Annotated Code of Maryland, and COMAR 26.17.05 before the bond will be released by the Department.

Md. Code Regs. 26.21.01.27