(1) In addition to the department's other authority to cancel a reclamation permit, a permit holder may seek cancellation of its reclamation permit in favor of a local development or construction permit. A permit holder may request cancellation of its reclamation permit and release of its performance security when:

     (a) The permit holder has received an approved development or construction permit covering all of the existing permit area from a local jurisdiction;

     (b) The local jurisdiction and the landowner agree with the permit holder's request to cancel the reclamation permit and to release the performance security; and

     (c) The local jurisdiction provides assurance in writing that the construction or development permit is being actively implemented by the permit holder.

     (2) The department is not responsible for overseeing a site's development or reclamation when a reclamation permit is cancelled under this section.

[2007 c 192 § 4.]