Section 11-8-2.4-45-4503 - Criteria and Schedule for Release of Performance Bond(a) The Permit Board may release all or part of the bond for the entire permit area or incremental area if the Permit Board is satisfied that all the reclamation or a phase of the reclamation covered by the bond 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 percent 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 Permit Board 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 § 53-9-45 for reestablishing revegetation. No part of the bond or deposit shall be released under this paragraph 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 Subchapter 2.V of these regulations 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 § 2539 of these regulations. Where a silt dam is to be retained as a permanent impoundment pursuant to Subchapter 2, the Phase II portion of the bond may be released under this paragraph so long as provisions for sound future maintenance by the operator or the landowner have been made with the regulatory authority.(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 § 53-9-45 and these regulations. However, no bond shall be fully released under provisions of this section until reclamation requirements of the Act and the permit are fully met.(b) For the purposes of this Rule: (1) reclamation phase I shall be deemed to have been completed when the permittee completes backfilling, topsoil replacement, regrading and drainage control in accordance with the approved reclamation plan;(2) reclamation phase II shall be deemed to have been completed when: (A) revegetation has been established in accordance with the approved reclamation plan and the standards for the success of revegetation are met;(B) the lands are not contributing suspended solids to stream flow or runoff outside the permit area in excess of the requirements of Subchapter 2.5 of these regulations or the permit;(C) with respect to prime farmlands, soil productivity has been returned to the level of yield as required by § 2907 and Rule 55 when compared with non-mined prime farmland in the surrounding area as determined from the soil survey performed under and the plan approved under § 2539;(D) the provisions of a plan approved by the Permit Board for the sound future management of any permanent impoundment by the permittee or landowner have been implemented to the satisfaction of the office.(3) reclamation phase III will be deemed to have been completed when the permittee has successfully completed all surface coal mining and reclamation operations in accordance with the approved reclamation plan, including the implementation of any alternative land use plan approved pursuant to § 53109, and has achieved compliance with the requirements of the act, these regulations, the regulatory program, and the permit, and the applicable liability period under § 4105 of this Subchapter has expired.11 Miss. Code. R. § 8-2.4-45-4503
Miss. Code Ann. §§ 53-9-65 and 53-9-1, et seq.