Section 11-8-2.4-45-4501 - Procedures for Seeking Release of Performance Bond(a) Bond Release Application and Contents. The permittee or any person authorized to act on his behalf may file an application with the Permit Board for release of all or part of the performance bond.(1) Applications may only be filed at times or seasons that allow the Department to evaluate properly the reclamation operations alleged to have been completed. The times or seasons appropriate for the evaluation of certain types of reclamation shall be identified in the mining and reclamation operations plan required in Subchapter 2.3 of these regulations and approved by the Permit Board.(2) The application shall include copies of letters sent to adjoining property owners, surface owners, local government bodies, planning agencies, and sewage and water treatment facilities or water companies in the locality of the permit area notifying them of the permittee's intention to seek release of performance bond(s). These letters shall be sent before the permittee files the application for release. These letters shall be sent certified mail to all listed public entities.(3) Within 30 days after filing the application for release, the permittee shall submit proof of publication of the advertisement required by § 4501(b). Such proof of publication shall be considered part of the bond release application.(4) The permittee shall include in the application for bond release a notarized statement which certifies that all applicable reclamation activities have been accomplished in accordance with the requirements of the act, the regulatory program, and the approved reclamation plan. Such certification shall be submitted for each application or phase of bond release.(b) Newspaper Advertisement of Application. At the time of filing an application under this Section, the permittee shall advertise the filing of the application in a local newspaper and in a regional newspaper of general circulation. The advertisement shall:(1) be placed in the newspaper at least once a week for four consecutive weeks;(2) show the name of the permittee, including the number and date of issuance or renewal of the permit;(3) show the precise location and the number of acres of the lands subject to the application;(4) show the total amount of bond in effect for the permit area and the amount for which release is sought;(5) summarize the reclamation, restoration or abatement work done including, but not limited to, backstowing or mine sealing, if applicable, and give the dates of completion of that work;(6) describe the reclamation results achieved, as they relate to compliance with the act, these regulations, and the approved mining and reclamation plan and permit; and(7) state that written comments, objections and requests for a public hearing may be submitted to the Department; provide the address of the Department; and provide the closing date by which comments, objections and requests must be received.(c) Objections and Requests for Hearing. Written objections to the proposed bond release and requests for a public hearing may be filed with the Department within thirty (30) days following the last advertisement of the filing of the application. Written objections and requests for public hearings may be filed by any interested party or any Federal, State, or local governmental agency which has jurisdiction or special expertise with respect to any environmental, social or economic impact involved in the operation or which is authorized to develop and enforce environmental standards. If requested, the Permit Board shall hold a public hearing. The Permit Board on its own motion may hold a public hearing concerning the bond release application.(d) Inspection by Department. Upon receipt of the bond release application the Department shall, within 30 days, or as soon thereafter as weather conditions permit, conduct an inspection and evaluation of the reclamation work involved. The evaluation shall consider, among other factors, the degree of difficulty to complete any remaining reclamation, whether pollution of surface water or ground water is occurring, the probability of future occurrence of such pollution and the estimated cost of abating such pollution. The surface owner, agent or lessee shall be given notice of such inspection and may participate with the Department in making the bond release inspection. The Department may arrange with the permittee to allow access to the permit area, upon request by any person with an interest in bond release, for the purpose of gathering information relevant to the proceeding.(e) Public Hearing. The Permit Board shall schedule a public hearing if a hearing is requested, within sixty (60) days of the receipt of the request. The hearing shall be held in the locality of the permit area for which bond release is sought. (1) The date, time and location of the public hearing shall be advertised by the Permit Board in the same manner as provided for the publication of notice for advertisement of land ownership under § 53-9-37. The last public hearing notice shall be published at least seven (7) days, but no more than fourteen (14) days before the scheduled public hearing date.(2) If all persons requesting the public hearing stipulate agreement before the requested public hearing, the public hearing may be canceled at the discretion of the Permit Board.(3) An electronic or stenographic record shall be made of the hearing and the record maintained for access by the parties pursuant to the Mississippi Public Records Act.(4) The Department shall, in response to a specific request therefor, arrange with the applicant for reasonable public access to the area which forms the subject of the hearing. Such access shall be made available at a specific date and time at least one week before the date of the hearing. Information regarding this right to request access shall be included with the notice of public hearing. Any member of the public who enters upon the subject area in accordance with this Section shall comply with all state and federal laws and regulations regarding health and safety on a mine site including, but not limited to, regulations promulgated by the Commission, the Office of Surface Mining, the Mine Safety and Health Administration and the Occupational Health and Safety Administration. The applicant will have available, in various sizes, any special equipment to be worn under the foregoing laws and regulations including, but not limited to, mandated types of headgear, footgear and eyewear.(f) Department Review and Decision (1) The Permit Board shall consider in making its decision:(A) whether the permittee has met the criteria for release of the bond under § 4503;(B) the degree of difficulty in completing any remaining reclamation, restoration or abatement work; and(C) whether pollution of surface water or ground water is occurring, the probability of future pollution or the continuance of any present pollution, and the estimated cost of abating any pollution.(2) Within 60 days from the filing of the bond release application, if no public hearing is held pursuant to Rule 45 or within 30 days after a public hearing has been held pursuant to Rule 45, the Permit Board shall act on the bond release application and shall promptly notify in writing the permittee, the surety or other persons with an interest in bond collateral who have requested notification under § 4303, and the persons who filed objections or written comments, if any regarding the performance bond.(3) The notice of the decision shall state the reasons for the decision, recommend any corrective actions necessary to secure the release, and notify the permittee and all interested parties of their right to request a formal hearing in accordance with § 53-9-77 and § 4501.(4) If the Permit Board disapproves the application for release of the bond or portion thereof, the Permit Board shall notify the permittee, the surety, and any person with an interest in collateral as provided for in § 4303(f)(11) and (g)(8), in writing, stating the reasons for disapproval and recommending corrective actions necessary to secure the release and allowing an opportunity for a formal hearing.(5) The Permit Board shall not release the bond until the right to request a formal hearing pursuant to § 4501 has not been exercised, or a final decision by the hearing authority approving the release has been issued pursuant to § 4501.(6) When an application for total or partial bond release is filed with the Department, the Department shall notify the local government in which the surface coal mining operation is located by certified mail at least thirty (30) days prior to the release of all or portion of the bond.(g) Formal Hearings. The applicant or any interested party to the bond release decision may request a formal hearing pursuant to § 53-9-65(4) within thirty (30) days of Permit Board action.11 Miss. Code. R. § 8-2.4-45-4501