Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 3 - Performance Bonds › Rule 11-8-1.3.4 - Application for Release of the Bond

Current through June 25, 2024
A. Upon completion
				  of the operation in the permit area, the operator may file an application with
				  the Permit Board for the release of the performance bond or deposit. The
				  application for performance bond release shall require a description of the
				  results achieved in accordance with the operator's reclamation plan, which
				  includes revegetation and end result plans, and any other information the
				  Permit Board may require in accordance with this chapter. The Permit Board
				  shall file a copy of the performance bond release application for public
				  inspection with the chancery clerk of the county where the majority of the
				  surface mining operation is located and with the local Soil and Water
				  Conservation District. The Permit Board shall give notice of the pending bond
				  release application in the same manner as required for notice of permit
				  application.
B. After receipt of
				  the application for bond release, the Department shall, and the local Soil and
				  Water District Commissioners may, within thirty (30) days, conduct an
				  inspection and evaluation of the reclamation work involved. The evaluation
				  shall consider, among other things, the occurrence of pollution of surface and
				  subsurface water; the probability of continuance or future occurrence of
				  pollution; the estimated cost of abating the pollution; whether grading or
				  backfilling has been completed pursuant to the reclamation plan; whether trash,
				  debris, and discarded equipment have been disposed of properly; and whether
				  work on revegetation or other end use plan is progressing satisfactorily.
				  Results of the evaluation and findings of the Department or the Soil and Water
				  Commissioners, or both, shall be provided within thirty (30) days after the
				  inspection to the operator and other interested parties making written request
				  for the evaluation and findings. The evaluation and findings of the soil and
				  water commissioners, if any shall be forwarded to the Department before the end
				  of the thirty (30) days.
C. The
				  Permit Board may release in whole or in part the performance bond or deposit if
				  it is satisfied that reclamation covered by the performance bond or deposit or
				  portion thereof has been accomplished as required by this chapter according to
				  the following schedule:
(1) When the operator
				  or surety completes proper trash, debris, and equipment disposal; required
				  backfilling, regrading, and drainage control of a bonded area in accordance
				  with the approved reclamation plan; and the work on revegetation or other end
				  use plan is progressing satisfactorily, the Permit Board may release up to
				  ninety percent (90%) of the performance bond or deposit for the applicable
				  permit area. The amount of the unreleased portion of the performance bond or
				  deposit shall not be less than the amount necessary to assure completion of the
				  reclamation work by a third party in the event of default by the operator;
				  and
(2) When the operator has
				  successfully completed the remaining reclamation activities, but not before two
				  (2) years beyond the date of the initial performance bond release, the Permit
				  Board may release the remaining portion of the performance bond or deposit. No
				  performance bond or deposit shall be fully released until all reclamation
				  requirements of this chapter are fully met.
(3) Notwithstanding the provisions of
				  paragraphs C(1) and C(2) of this rule, the Permit Board may release one hundred
				  percent (100%) of the performance bond or deposit to private contractors
				  surface mining on areas provided to them by the United States Army Corps of
				  Engineers. The Permit Board may release the performance bond or deposit only if
				  the contractors have completed the reclamation work required in paragraph C(1)
				  of this rule and the Corps of Engineers furnishes written assurance to the
				  Permit Board that it accepts responsibility for restoration of the mined areas
				  in accordance with all applicable reclamation standards of this
				  chapter.