Section 11-8-2.4-41-4105 - Period of Liability(a) Liability under performance bond(s) applicable to a permit shall continue until all reclamation, restoration and abatement work required of persons who conduct surface coal mining and reclamation operations under requirements of the act, these regulations, the regulatory program and the provisions of the permit has been completed, and the permit terminated by release of the permittee from any further liability in accordance with Rule 45.(b) In addition to the period necessary to achieve compliance with all requirements of the act, these regulations, the regulatory program and the permit, including the standards for the success of revegetation as required by § 53103, the period of liability under performance bond shall continue for a minimum period beginning with the last year of augmented seeding, fertilizing, irrigation or other work. The minimum period of liability shall continue for not less than five full years. The period of liability shall begin again whenever augmented seeding, fertilizing, irrigation or other work is required or conducted on the site prior to bond release.(c) If the Permit Board approves a long-term intensive agricultural post-mining land use, in accordance with § 53109, the applicable five-year period of liability shall commence at the date of initial planting for such long-term intensive agricultural land use.(d) With the approval of the Permit Board, a bond may be posted and approved to guarantee specific phases of reclamation within the permit area provided the sum of phase bonds posted equals or exceeds the total amount required under §§ 4103 and 4107. The scope of work to be guaranteed and the liability assumed under each phase bond shall be specified in detail.(e) Isolated and clearly defined portions of the permit area requiring extended liability may be separated from the original area and bonded separately with the approval of the Permit Board. Such areas shall be limited in extent and not constitute a scattered, intermittent, or checkerboard pattern of failure. Access to the separated areas for remedial work may be included in the area under extended liability if deemed necessary by the Department.(f) The bond liability of the permittee shall include only those actions which he or she is obligated to take under the permit, including completion of the reclamation plan, so that the land will be capable of supporting the postmining land use approved under § 53109.(g) Implementation of an alternative postmining land use approved under § 53109(c) which is beyond the control of the permittee need not be covered by the bond. Bond liability for prime farmland shall be as specified in § 4503(b).11 Miss. Code. R. § 8-2.4-41-4105