4VAC25-130-800.13: Period of liability

(a) Performance bond liability shall be for the duration of the surface coal mining and reclamation operation and for a period which is coincident with the permittee's period of extended responsibility for successful revegetation provided in 4VAC25-130-816.116 or 4VAC25-130-817.116 or until achievement of the reclamation requirements of the Act, and the permit, whichever is later.

(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 division. Such areas shall be limited in extent and shall not constitute a scattered, intermittent, or checkerboard pattern of failure. Access to the separated areas for remedial work may be included in the area under extended liability if deemed necessary by the division.

(c) If the division approves a long-term, intensive agricultural postmining land use, in accordance with 4VAC25-130-816.133 or 4VAC25-130-817.133, the 5 year period of liability shall commence at the date of initial planting for such long-term agricultural use.

(d)(1) The bond liability of the permittee shall include only those actions which he is obligated to take under the permit, including completion of the reclamation plan, so that the land will be capable of supporting the postmining land use approved under 4VAC25-130-816.133 or 4VAC25-130-817.133.

(2) Implementation of an alternative postmining land use approved under 4VAC25-130-816.133(c) or 4VAC25-130-817.133(c) which is beyond the control of the permittee, need not be covered by the bond. Bond liability for prime farmland shall be as specified in 4VAC25-130-800.40(c)(2).