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w ~ ~ M <br />48 FR 32932-01 <br />(Cite as: 48 FR 32932, +32946) <br />Page <br />mandatory issuance of an NOV, and instead has specified that a notice must be <br />given by the regulatory authority which specifies a reasonable period of up to <br />90 days within which the bond must be replaced. Zf the bond is not replaced by <br />the end of that period, the operator must cease coal extraction under provision; <br />of §§ 816.132 and 817.132 and immediately begin to reclaim the permit area in <br />accordance with the reclamation plan. Mining operations can resume only upon <br />the posting of a bond acceptable to the regulatory authority. <br />These changes answer industry's concern for unfair treatment of an operator <br />following loss of bond due to incapacity of the operator's bonding agent. Unde*_ <br />the new language the operator will not be penalized for circumstances beyond hip <br />or her control, and will be given a reasonable period of time to obtain <br />replacement bond before mining operations must cease and reclamation activities <br />must begin. The regulatory authority will have the power to issue a notice of <br />violation after the period granted for replacement bond has expired if the <br />operator does not obtain a replacement bond and does not cease mining operations <br />and begin reclamation as required. The regulatory authority would have the <br />power to terminate an operation during the replacement period if the environment <br />or public safety is endangered; but such an action would not necessarily stem <br />from loss of bond coverage. <br />Another commenter was concerned that the proposed references §§ 778.19 and <br />782.14 should be changed to reflect the renumbering that will occur when the <br />draft proposed permit application rules are finalized. The new § 800.16(e)(2) <br />does not contain references to the permitting sections since a notice of <br />violation is no longer required for loss of bond coverage pursuant to § 800.16 <br />(e). Therefore, the comment is no longer applicable. <br />Section 800.17 Bonding requirements for underground coal mines and other long- <br />term coal-related facilities and structures. <br />Final § 800.17 gives the regulatory authority the responsibility to require <br />bond coverage for long-term surface facilities and disturbed surface areas of <br />Copr. © West 2001 No Claim to Orig. U.S. Govt. Works <br />