49-415. Reclamation reports; release of bond, when; hearing; conduct of hearing.
49-415
49-415. Reclamation reports; release of bond, when; hearing; conduct of hearing.Within 60 days after the date of expiration of a permit, theoperator shall file with the secretary a report stating the exact number ofacres of land affected by the operation, the extent of the reclamationalready accomplished by it, and such other information as may berequired by the secretary. The report shall be accompanied by a copy of themap filed with the original application which shall show any revisionsmade necessary by result of the operation.
The operator may file a request with the secretary for release of all orpart of a bond. The secretary shall prescribe by regulationprocedures consistentwith the national surface mining control and reclamation act of 1977 (publiclaw 95-87), for public advertisement of such release request, notificationof interested property owners and public agencies, inspection and evaluationof requests, corrective action, public hearings, and release of bonds. The secretary may release in whole or in part any bond ifsatisfied the reclamationcovered by the bond has been accomplished as required by this act accordingto the following schedule:
(1) When the operator completes the backfilling, regrading, and drainagecontrol of a bonded area in accordance with theoperator's approved reclamationplan, the release of 60% of the bond for theapplicable permit area.
(2) After revegetation has been established on the regraded mined landsin accordance with the approved reclamation plan. When determining theamount of bond to be released after successful revegetation has been established,the department shall retain that amount of bond for therevegetated area whichwould be sufficient for a third party to cover the cost of reestablishingrevegetation for the period required by the national surface mining controland reclamation act of 1977 (public law 95-87). No part of the bond ordeposit shall be released under this paragraph so long as the lands to whichthe release would beapplicable are contributing suspended solids to streamflow or run-off outsidethe permit area in excess of the requirements set by law or until soil productivityfor prime farm lands has returned to equivalent levels of yield as nonminedland of the same soil type in the surrounding area under equivalent managementpractices as determined from a soil survey performed. Where a silt damis to be retained as a permanent impoundment, the portion of bond may bereleased under this paragraph as long as provisions for sound future maintenanceby the operator or the landowner have been made with the department.
(3) When the operator has completed successfully all surface coal miningand reclamation activities, the remaining portion of thebond shall be released, but not before the expiration of the periodspecified for operatorresponsibility. No bond shall be fully released until all reclamation requirementsof this act are fully met.
Any person with a valid legal interest which might be adversely affectedby release of the bond or the responsible officer or head of any federal,state, or local governmental agency which has jurisdiction by law or specialexpertise with respect to any environmental, social, or economic impactinvolved in the operation, or is authorized to develop and enforce environmentalstandards with respect to such operations shall have the right to file writtenobjections to the proposed release from bond with thesecretary within 30 days after the last publication of notice asrequired by the secretary and specified by rules and regulations adopted by the secretary. Ifwritten objections arefiled, and a hearing requested, the secretary shall informall the interestedparties of the time and place of the hearing, and hold a public hearingin the locality of the surface coal mining operation proposed for bond releasewithin 30 days of the request for such hearing. The date, time,and location of such public hearings shall be advertised by thedepartment ina newspaper of general circulation in the locality for two consecutive weeks.The secretary shall hold a public hearing in the locality ofthe surface coal miningoperation proposed for bond release within 30 days of the requestfor such hearing.
For the purpose of such hearing the secretary or hearingofficer shall have the authority andis hereby empowered to administer oaths, subpoena witnesses, or writtenor printed materials, compel the attendance of witnesses, or productionof the materials, and take evidence including but not limited to inspectionsof the land affected and other surface coal mining operations carried onby the applicant in the general vicinity. A verbatim record of each publichearing required by this act shall be made, and a transcript made availableon the motion of any party or by order of the secretary.
History: L. 1968, ch. 395, § 15; L. 1978, ch. 208, § 11; L.1979, ch. 169, § 8;L. 1988, ch. 192, § 20; July 1.