At the time the Department determines the end of the economic hardship as provided in this chapter, an owner or operator shall implement the mitigation component of the Soil Conservation and Water Quality Plan within 3 years of the loss of the nontidal wetlands, or within 1 year of the end of the economic hardship, whichever is greater. Within 90 days of the end of the Department's determination of economic hardship, an owner or operator shall file the required surety bond with the Department of Natural Resources under COMAR 08.05.04.13.