Viewing an earlier version · effective Jan 25, 2017View current (a) After approving a permit application submitted under subchapter G of this chapter, the regulatory authority may not issue the permit until you, the permit applicant, file one of the following:
- (1) A performance bond or bonds for the entire permit area;
- (2) A cumulative bond schedule and the performance bond required for full reclamation of the initial area to be disturbed; or
- (3) An incremental bond schedule and the performance bond required for the first increment in the schedule.
(b) The bond or bonds that you file under paragraph (a) of this section must be -
- (1) In an amount determined under § 800.14 of this part.
- (2) On a form prescribed and furnished by the regulatory authority.
- (3) Made payable to the regulatory authority.
- (4) Conditioned upon the faithful performance of all the requirements of the regulatory program and the permit, including the reclamation plan.
(c) If the bond or bonds filed under paragraph (a) of this section cover only an identified increment of land within the permit area upon which you will initiate and conduct surface coal mining operations during the initial term of the permit, you must -
- (1) Identify the initial and successive areas or increments for bonding on the permit application map submitted under part 780 or part 784 of this chapter and specify the bond amount to be provided for each area or increment.
- (2) Ensure that independent increments are of sufficient size and configuration to provide for efficient reclamation operations should reclamation by the regulatory authority become necessary pursuant to § 800.50 of this part.
- (3) File additional bond or bonds with the regulatory authority to cover each succeeding increment before you initiate and conduct surface coal mining operations on that increment. The bond or bonds must comply with paragraph (b) of this section.
- (d) You may not disturb any surface area or extend any vertical underground mine shaft or other vertical underground mine opening for which a performance bond is required before the regulatory authority accepts the performance bond required for that area or extension.