Laserfiche WebLink
,,., <br />Pace <br />CltatiC'.1 rOliP.d Document Rank 1 of '_ Data.cas<_ <br />;5 FR 3:932-61 -R <br />1983 wl, 1'_5651 (?.R.) <br />(Cite as: 48 FrZ 32932, *.32945) <br />of § 800.90. <br />The commenter's concern about operator financial responsibility for buffer <br />zones is addressed as follows: If there is no disturbance to a buffer zone and <br />there will be no surface coal mining and reclamation operations in the buffer <br />zone, it will neither be permitted ncr bonded. However, the operatcr's <br />liability insurance policy under § 600.60 must cover damage to the buffer zone <br />resulting from the operations. The policy covers all personal injury and <br />property.damaae for which the operator is responsible under State law. <br />Section 800.15(d) <br />Section 800.15(d) requires that when an approved permit is revised, the <br />regulatory authority will review the bond for adequacy and, if necessary, call <br />for an adjustment to the bond. <br />Two commenters felt that in § 800.15(d) the regulatory authority should also <br />have the responsibility to regularly review and adjust the bond at the time of <br />permit review. The commenters stated that according to Section 511(c) of the <br />Act the permit bond must be reviewed for adequacy in form and amount as part of <br />the permit review. Section 511(c) says "The regulatory authority shall <br />review outstanding permits and may require reasonable revision or modification <br />of the p=_rmit provisions during the term of such permit." <br />Recuirements at §6800.? and 800.15 establish reculatory aut'.;ority <br />respons~;:i'_ity to adjust ti,=_ bond as n=_cessary. raracrapns (a) gad (d) .._ <br />800.15 require that the regulatory authority adjust the bond amount as acreage <br />is increased or decreased and, if necessary, as the permit is revised. <br />Section 800.16 General terms and conditions of the bond. <br />Section 800.16 describes five general terms and conditions for acceptance of a <br />bond. OSM has revised a few phrases in § 800.16 for clarity and has deleted the <br />provision in proposed Paragraph (e)(2) requiring issuance of a notice of <br />violation. (NOV) for less cf bond overage. <br />Section 800.16 (a) and (b) <br />Paragraphs (a) and (b) of § SOO.i6, which require the bond to be an amount <br />determined by the regulatory authority, received no comments and are unchanged <br />from the proposed rule. These two paragraphs follow Section 509(a) of the Act. <br />Section 800.16(c) <br />Section 800.16(c), <br />performance o` all <br />regulatory program <br />c_ar_ty. <br />Copr <br />which requires the bond to be conditioned upon faithful <br />the recuiremer.ts of the Act, 30 C=R Chanter VII, the <br />and the conditicns of the permit, has been amended for <br />O west 2601 No Claim to Orig <br />U.S. Govt. won}a - EXHIBIT <br />1 <br />3S ~ <br />E <br />