020-15 Wyo. Code R. §§ 15-5 - Schedule for Release of Incremental Bond
(a) The
Administrator may recommend to the Director the release of incremental bond
according to the following schedule.
(i) When
the operator completes the backfilling, regrading, topsoil replacement,
recontouring and drainage control of a bonded area in accordance with his
approved reclamation plan, the release of 60 percent of the incremental bond
for the applicable permit area.
(ii) After vegetation whose species
composition is commensurate with that of the seed mix(es) of the approved
reclamation plan and the species composition required by Chapter 4 Section
2(d)(x), the amount of
bond to be released shall be determined by:
(A) The amount the Director determines must
be retained for the permit area which would be sufficient for a third party to
cover the cost of reestablishing vegetation so as to comply with the Act and
all rules and regulations promulgated thereunder.
(B) No part of the remaining bond or deposit
shall be released under this provision.
(I)
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
premining concentrations of receiving waters.
(II) Until soil productivity for prime
farmlands has returned to equivalent levels of yield as nonmined land of the
same soil type in the surrounding area under equivalent management practices in
accordance with Chapter 5, Section
2(b).
(III) Where a permanent impoundment is
involved, this portion (B) of the bond may be released only after any
renovation which may be required to meet the regulations and the permit has
been completed and the State Engineer has approved the impoundment for its
intended use.
(iii) The remaining portion of the bond may
be released after the operator has successfully completed all surface coal
mining and reclamation activities and complied with the reclamation
requirements of the Act, regulations and permit.
Notes
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