11 Miss. Code. R. 8-1.3.4 - Application for Release of the Bond
A. Upon completion
of the operation in the permit area, the operator may file an application with
the Permit Board for the release of the performance bond or deposit. The
application for performance bond release shall require a description of the
results achieved in accordance with the operator's reclamation plan, which
includes revegetation and end result plans, and any other information the
Permit Board may require in accordance with this chapter. The Permit Board
shall file a copy of the performance bond release application for public
inspection with the chancery clerk of the county where the majority of the
surface mining operation is located and with the local Soil and Water
Conservation District. The Permit Board shall give notice of the pending bond
release application in the same manner as required for notice of permit
application.
B. After receipt of
the application for bond release, the Department shall, and the local Soil and
Water District Commissioners may, within thirty (30) days, conduct an
inspection and evaluation of the reclamation work involved. The evaluation
shall consider, among other things, the occurrence of pollution of surface and
subsurface water; the probability of continuance or future occurrence of
pollution; the estimated cost of abating the pollution; whether grading or
backfilling has been completed pursuant to the reclamation plan; whether trash,
debris, and discarded equipment have been disposed of properly; and whether
work on revegetation or other end use plan is progressing satisfactorily.
Results of the evaluation and findings of the Department or the Soil and Water
Commissioners, or both, shall be provided within thirty (30) days after the
inspection to the operator and other interested parties making written request
for the evaluation and findings. The evaluation and findings of the soil and
water commissioners, if any shall be forwarded to the Department before the end
of the thirty (30) days.
C. The
Permit Board may release in whole or in part the performance bond or deposit if
it is satisfied that reclamation covered by the performance bond or deposit or
portion thereof has been accomplished as required by this chapter according to
the following schedule:
(1) When the operator
or surety completes proper trash, debris, and equipment disposal; required
backfilling, regrading, and drainage control of a bonded area in accordance
with the approved reclamation plan; and the work on revegetation or other end
use plan is progressing satisfactorily, the Permit Board may release up to
ninety percent (90%) of the performance bond or deposit for the applicable
permit area. The amount of the unreleased portion of the performance bond or
deposit shall not be less than the amount necessary to assure completion of the
reclamation work by a third party in the event of default by the operator;
and
(2) When the operator has
successfully completed the remaining reclamation activities, but not before two
(2) years beyond the date of the initial performance bond release, the Permit
Board may release the remaining portion of the performance bond or deposit. No
performance bond or deposit shall be fully released until all reclamation
requirements of this chapter are fully met.
(3) Notwithstanding the provisions of
paragraphs C(1) and C(2) of this rule, the Permit Board may release one hundred
percent (100%) of the performance bond or deposit to private contractors
surface mining on areas provided to them by the United States Army Corps of
Engineers. The Permit Board may release the performance bond or deposit only if
the contractors have completed the reclamation work required in paragraph C(1)
of this rule and the Corps of Engineers furnishes written assurance to the
Permit Board that it accepts responsibility for restoration of the mined areas
in accordance with all applicable reclamation standards of this
chapter.
D. If the
Permit Board denies the application for release of the performance bond or
deposit or portion thereof, it shall notify the operator, in writing, stating
the reasons for denial and recommending corrective actions necessary to secure
the release.
E. The Permit Board
shall authorize the Executive Director under those conditions the Permit Board
may prescribe to administratively release any performance bond or deposit
provided by an operator for coverage under a general permit. A decision of the
Executive Director is a decision of the Permit Board and shall be subject to
review and appeal as provided in Miss. Code Ann. §
49-17-29.
Notes
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