No application shall be approved until the Department has received an acceptable performance security in accordance with this subchapter; provided, however, that the following may be exempted from this subchapter as determined by the Department:
(A) Each application involving an activity, including but not limited to surface mining activities, for which the applicant is bound by state law or regulation to furnish a performance security to the state in an amount comparable to the requirements of § 52.41;
(B) Each application for which the Department, after review, has made a written determination that the purposes of this regulation can be achieved without the necessity for a performance security;
(C) Each application which involves only top dressing of soil which already has a cover crop.
(1986 Code, § 253-16) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)