59-8-414 - Release of bond.
59-8-414. Release of bond.
(a) The commissioner may release all or part of the bond or deposit when the commissioner is satisfied that the reclamation covered by the bond or deposit or portion thereof has been accomplished as required by this part. Releases and partial releases shall be accomplished as follows:
(1) When the operator completes the backfilling, regrading, topsoiling, drainage control, site preparation, soil treatments, mulching, and initial planting of the vegetative cover in accordance with the approved plan as noted on a completion report, the commissioner shall issue to the operator and the operator's surety a partial release of seventy percent (70%) of the bond. The remaining bond shall be held for one (1) year, at a minimum, to assure that all reclamation requirements have been successfully met.
(2) The permittee shall not be denied access to the mining site for the purposes of completing or maintaining reclamation work because of the expiration of the permittee's lease, until all of the permittee's performance bond has been released.
(b) If the commissioner disapproves the application for release of the bond or portion thereof, the commissioner shall notify the permittee and the permittee's surety, stating the reasons for disapproval and recommending specific corrective actions necessary to secure the release, and allowing the permittee an opportunity for a hearing before the board of reclamation review [repealed. See the Compiler's Notes]. This notice and recommendation shall be handed to the operator in person, or served by certified mail addressed to the permanent address shown on the application for a permit. The notice shall specify in what respects the operator has failed to comply with this part, or the regulations of the commissioner.
[Acts 1987, ch. 251, § 18.]