(a)
When the entire permit area or a portion of a permit area has been backfilled
and regraded to the approximate original contour or approved alternative, and
when drainage controls have been installed in accordance with the approved
reclamation plan, Stage 1 reclamation standards have been met.
(b) When the entire permit area or a portion
of the permit area meets the following standards, Stage 2 reclamation has been
achieved:
(1) Topsoil has been replaced and
revegetation has been successfully established in accordance with the approved
reclamation plan.
(2) The reclaimed
lands are not contributing suspended solids to stream flow or runoff outside
the permit area in excess of the requirements of the acts, regulations
thereunder or the permit.
(3) If
prime farmlands are present, the soil productivity has been returned to the
required level when compared with nonmined prime farmland in the surrounding
area, to be determined from the soil survey performed under the reclamation
plan approved in Chapters 87-90.
(4) If a permanent impoundment has been
approved as an alternative postmining land use, the plan for management of the
permitted impoundment has been implemented to the satisfaction of the
Department.
(c) When the
entire permit area or a portion of the permit area meets the following
performance standards, State 3 reclamation has been achieved:
(1) The permittee has successfully completed
mining and reclamation operations in accordance with the approved reclamation
plan so that the land is capable of supporting postmining land use approved
under §§ 87.159, 88.133, 89.88 and 90.166.
(2) The permittee has achieved compliance
with the requirements of the acts, regulations thereunder, the conditions of
the permit and the applicable liability period under §
86.151 (relating to period of
liability) has expired.
(d) Additional standards for release of bonds
for underground mining operations are as follows: release of the bond posted
for mine subsidence, 10 years after completion of mining and reclamation.