Page:United States Statutes at Large Volume 91.djvu/536

 91 STAT. 502

Inspection and evaluation.

Notice.

Ante, p. 474.

Notice of disapproval.

Notice to municipality.

PUBLIC LAW 9 5 - 8 7 — A U G. 3, 1977 which the surface coal mining and reclamation activities took place, notifying thorn of his intention to seek release from the bond. (b) Upon receipt of the notification and request, the regulatory authority shall within thirty days conduct an inspection and evaluation of the reclamation work involved. Such evaluation shall consider, among other things, the degree of difficulty to complete any remaining reclamation, whether pollution of surface and subsurface water is occurring, the probability of continuance of future occurrence of such polhition, and the estimated cost of abating such pollution. The regulatory authority shall notify the permittee in writing of its decision to release or not to release all or part of the performance bond or deposit within sixty days from the filing of the request, if no public hearing is held pursuant to section 519(f), and if there has been a public hearing held pursuant to section 519(f), within t h i r t y days thereafter. (c) The regulatory authority may release in whole or in part said br-nd or deposit if the authority is satisfied the reclamation covered by the bond or deposit or portion thereof has been accomplished as required by this Act according to the following schedule: (1) When the operator completes the backfilling, regrading, and drainage control of a bonded area in accordance with his approved reclanuition plan, the release of 60 per centum of the bond or colhiteral for the applicable permit area. (2) After revegetation has been established on the regraded mined lands in accordance with the approved reclamation plan. When determining the amount of bond to be released after successful revegetation has been established, the regulatory authority shall retain that amount of bond for the revegetated area which would be sufficient for a third party to cover the cost of reestablishing revegetation and for the period specified for operator responsibility in section 515 of 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 section 515 (b) (10) or until soil productivity for prime farm lands has returned to 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 section 507(b) (16). Where a silt dam is to be retained as a permanent impoundment pursuant to section 515(b)(8), the portion of 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) When 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 section 515: Provided, however, That no bond shall be fully released until all reclamation requirements of this Act are fully met. (d) If the regulatory authority disapproves the application for release of the bond or portion thereof, the authority shall notify the permittee, in writing, stating the reasons for disapproval and recommending corrective actions necessary to secure said release and allowing opportunity for a Dublic hearing. (e) "\^Tien any application for total or partial bond release is filed with the regulatory authority, the regulatory authority shall notify

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