Section 11-8-2.4-39-3901 - Requirement to File a Bond(a) Before a permit is issued, the applicant shall file with the Department, on a form prescribed and furnished by the Department, a bond or bonds for performance made payable to the Commission and conditioned upon the faithful performance of all the requirements of the act, the regulatory program, the permit and the reclamation plan. "Bond" as used in this Subchapter includes other forms of collateral as approved by the Permit Board consistent with § 53-9-31(2).(b) An operator shall not disturb surface acreage or extend any operations prior to receipt of approval from the Permit Board of the performance bond covering the surface acreage to be affected. (1) The bond or bonds shall cover that area of land within the permit area upon which the operator will initiate and conduct surface coal mining and reclamation operations during the initial term of the permit.(2) As surface coal mining and reclamation operations on succeeding increments are initiated and conducted within the permit area, the permittee shall file with the Department an additional bond or bonds to cover those increments in accordance with § 53-9-31 and this Section.(3) The operator shall identify the initial and successive areas or increments for bonding on the permit application map submitted for approval as provided in the application and shall specify the bond amount to be provided for each area or increment.(4) Independent increments shall be of sufficient size and configuration to provide for efficient reclamation operations should reclamation by the Department become necessary pursuant to this act and Rule 47.(c) An operator shall not disturb any surface areas, succeeding increments, or extend any underground shafts, tunnels or operations prior to approval by the Permit Board of the required performance bond.(d) The applicant shall file, with the approval of the Permit Board, a bond or bonds under one of the following schemes to cover the bond amounts for the permit area as determined in accordance with § 4101:(1) a performance bond or bonds for the entire permit area;(2) a cumulative bond schedule and the performance bond required for full reclamation of the initial area to be disturbed; or(3) an incremental-bond schedule and the performance bond required for the first increment in the schedule.(e) The amount, duration, form, conditions and terms of the performance bond shall conform to Rules 41 and 43.11 Miss. Code. R. § 8-2.4-39-3901