16 Tex. Admin. Code § 12.313 - Criteria and Schedule for Release of Performance Bond
(a) The Commission may release all or part of
the bond for the entire permit area or incremental area if the Commission is
satisfied that the reclamation or a phase of the reclamation covered by the
bond or deposit or portion thereof has been accomplished in accordance with the
following schedules for reclamation of Phases I, II, and III:
(1) at the completion of Phase I, after the
operator completes the backfilling, regrading (which may include the
replacement of topsoil), and drainage control of a bonded area in accordance
with the approved reclamation plan, 60% of the bond or collateral for the
applicable area;
(2) at the
completion of Phase II, after revegetation has been established on the regraded
mined lands in accordance with the approved reclamation plan, an additional
amount of bond. When determining the amount of bond to be released after
successful revegetation has been established, the Commission shall retain that
amount of bond for the revegetated area which would be sufficient to cover the
cost of reestablishing revegetation if completed by a third party and for the
period specified for operator responsibility in §§134.091-134.109 of
the Act for reestablishing revegetation. No part of the bond or deposit shall
be released under this Subsection so long as the lands to which the release
would be applicable are contributing suspended solids to streamflow or runoff
outside the permit area in excess of the requirements set by
§134.092(a)(10) of the Act and Subchapter K of this chapter (relating to
Permanent Program Performance Standards), or until soil productivity for prime
farmlands has returned to the equivalent levels of yield as nonmined land of
the same soil type in the surrounding area under equivalent management
practices as determined from the soil survey performed pursuant to
§134.052(a)(16) of the Act and §§
12.620-12.625 of this title (relating to
Special Permanent Program Performance Standards--Operations on Prime Farmland).
Where a silt dam is to be retained as a permanent impoundment pursuant to
Subchapter K of this Chapter, the Phase II portion of the bond may be released
under this paragraph so long as provisions for sound further maintenance by the
operator or the landowner have been made with the Commission; and
(3) at the completion of Phase III, after the
operator has completed successfully all surface coal mining and reclamation
activities, the release of the remaining portion of the bond, but not before
the expiration of the period specified for operator responsibility in §
12.395 of this title (relating to
Revegetation: Standards for Success) or §12.560 of the title (relating to
Revegetation: Standards for Success). However, no bond shall be fully released
until all reclamation requirements of the Act and the permit are fully
met.
(b) If the
Commission disapproves the application for release of the bond or portion
thereof, the Commission shall notify the permittee, the surety, and any person
with an interest in collateral as provided for in §
12.309(l) of
this title (relating to Terms and Conditions of the Bond), in writing, stating
the reasons for disapproval and recommending corrective action necessary to
secure said release and allowing opportunity for a public hearing.
(c) When any application for total or partial
bond release is filed with the Commission, the Commission shall notify the
municipality in which a surface coal mining operation is located by certified
mail at least 30 days prior to the release of all or a portion of the
bond.
(d) Any person with a valid
legal interest which might be adversely affected by release of the bond, or the
responsible officer or head of any federal, state, or local government agency
which has jurisdiction by law or special expertise with respect to any
environmental, social, or economic impact involved in the operation, or is
authorized to develop and enforce environmental standards with respect to such
operations, shall have the right to file written objection to the proposed
release from bond to the Commission within thirty days after the last
publication of the above notice. If written objections are filed, and a hearing
requested, the Commission shall inform all interested parties of the time and
place of the hearing, and hold a public hearing in the locality of the surface
coal mining operation proposed for bond release, or at the State capital, at
the option of the objector, within 30 days of the request for such hearing. The
date, time, and location of such public hearing shall be advertised by the
Commission in a newspaper of general circulation in the locality for two
consecutive weeks.
(e) Without
prejudice to the rights of the objectors, the applicant, or the
responsibilities of the Commission pursuant to this section, the Commission may
establish an informal conference to resolve such written objections.
(f) For the purpose of such hearings under
subsection (d) of this section, the Commission shall have the authority to
administer oaths, subpoena witnesses or written or printed materials, compel
the attendance of witnesses or production of materials, and take evidence
including, but not limited to, inspections of the land affected and other
surface coal mining operations carried on by the applicant in the general
vicinity. A verbatim record of each public hearing shall be made, and a
transcript made available on the motion of any party or by order of the
Commission.
Notes
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