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Section 3.0 Performance Bond Requirements <br />Section 3.0 of the permit application addresses the requirements of Rule 3.0, <br />Performance Bond Requirements of the Coal Rules. The Rule includes; <br />• minimum requirements for determining the amounts and periods of liability for <br />performance bonds; <br />• it establishes minimum standards for the form, conditions and terms of <br />performance bonds; <br />• it sets forth minimum provisions for criteria, schedule and procedures for <br />release of performance bonds; <br />• it establishes provisions to be applicable whenever a proceeding for the <br />forfeiture of all or any part of a performance bond, as a result of a failure to <br />meet the conditions upon the bond, is initiated, and; <br />• it sets forth special requirements for construction of certain mine drainage <br />control facilities. <br />• The amount required for each bonded area shall depend upon the reclamation <br />requirements of the approved permit and shall reflect the probable difficulty of <br />reclamation, giving consideration to such factors as topography, geology of the <br />site, hydrology, and revegetation potential. The amount of the performance <br />bond shall be determined by the Division as part of the decision on permit <br />approval as described in 2.07 and shall be subject to review by the Board as <br />described in 2.07. <br />In order to assure sufficiency, the amount shall be based on, but not be limited to: <br />• The estimated costs submitted by the applicant in accordance with 2.05.4. <br />• The additional estimated costs to the Board which may arise from applicable <br />public contracting requirements or the need to bring personnel and equipment <br />to the permit area after its abandonment by the permittee to complete the <br />reclamation plan. <br />• All additional estimated costs necessary, expedient, and incident to the <br />satisfactory completion of the requirements identified in 3.02. <br />• Such other cost information as may be required by or available to the Division. <br />When determining the amount of bond to be released, the Board or Division shall retain <br />that amount of bond for the revegetated area which would be sufficient for a third party <br />Section 3.0 TR -68 9/29/2014 <br />