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Page 198 <br /> Section 3.04.2 <br /> 3.04.2 Procedures. <br /> (1) In the event forfeiture of all or part of a bond is declared by the Board <br /> pursuant to 3.04, the Division shall: <br /> (a) Send written notification by certified mail, return receipt <br /> requested, to the permittee, and the surety on the bond, if <br /> applicable, of the Board's determination to forfeit all or part of the <br /> bond and the reasons for the forfeiture, including a finding of the <br /> amount to be forfeited; <br /> (b) Advise the permittee and the surety, if applicable, of any rights of <br /> appeal under State law that may be available from that <br /> determination; and <br /> (c) Proceed in an action for collection of the amount forfeited on the <br /> bond as provided by the applicable laws for the collection of <br /> defaulted bonds or other debts; and <br /> (d) If an appeal is filed, defend the action. <br /> (2) The written determination to forfeit all or part of the bond including the <br /> reasons for forfeiture and the amount to be forfeited, shall be a final <br /> decision by the Board. <br /> (3) The Board may declare forfeited any or all of a bond for an entire <br /> permit area in order to satisfy the requirements of 3.04. <br /> 124(4) (4) Proceeds of forfeited bonds shall be deposited by the Division in a <br /> separate reclamation account available to the Division. Said proceeds <br /> shall be used by the Division for reclamation of the area covered by the <br /> bond. Said reclamation shall include all costs and administrative <br /> expenses associated with the conduct of reclamation activities required <br /> to complete the applicable approved reclamation plan. Forfeited <br /> amounts received by the Division in excess of such costs and expenses <br /> shall be refunded to the permittee or to the surety, whichever is <br /> appropriate. <br /> (5) Bond forfeiture may be avoided if the surety company can demonstrate <br /> the ability to complete the reclamation plan to the Division. No bond <br /> shall be totally released prior to successful completion of all reclamation <br /> under the tetras of the permit, including the applicable liability periods <br /> of 3.02.3, and release in accordance with 3.03 has occurred. <br /> (6) If the amount of the bond is insufficient to pay for the full cost of <br /> reclamation, the permittee shall be liable for the balance. The Division <br />