La. Admin. Code tit. 43 § XV-4503

Current through Register Vol. 50, No. 12, December 20, 2024

Section XV-4503 - Criteria and Schedule for Release of Performance Bond

A. The office may release all or part of the bond for the entire permit area or all or part of an incremental area if the office is satisfied that all the reclamation or a phase of reclamation, as defined in §4503 E, covered by the bond or portion thereof has been accomplished.

B. The maximum liability under performance bonds applicable to a permit which may be released at any time prior to the release of all acreage from the permit or incremental area shall be calculated by multiplying the ratio between the acreage on which a reclamation phase has been completed and the total acreage in the permit or incremental area, times the total liability under performance bonds applicable to a permit, times:

1. six-tenths, if reclamation Phase I has been completed;

2. one-fourth, if reclamation Phase II has been completed.

C. Acreage may be released from the permit or incremental area only after reclamation Phase III has been completed. The maximum performance bond liability applicable to a permit which may be released at any time prior to the completion of reclamation Phase III on the entire permit or incremental area shall be calculated by multiplying the ratio between the acreage on which reclamation Phase III has been completed and the total acreage in the permit area, times the total liability under performance bonds applicable to a permit, times 0.15.

D. The office shall not release any liability under the performance bonds applicable to a permit if such release would reduce the total remaining liability under performance bonds to an amount less than that necessary for the office to complete the approved reclamation plan, achieve compliance with the requirements of the Act, these regulations or the permit, and abate any significant environmental harm to air, water or land resources or danger to the public health and safety which might occur prior to the release of all lands from the permit area. Where the permit includes an alternative post-mining land use plan approved pursuant to §5431, the office shall also retain sufficient liability for the office to complete any additional work which would be required to achieve compliance with the general standards for revegetation in §5423. A.5 in the event the permittee fails to implement the approved alternative post-mining land use plan within the two years required by §5423. B 4

E. For the purposes of this Chapter:

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 §915. B(10) of the Act, Subpart 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 Chapter 55 when compared with nonmined prime farmland in the surrounding area as determined from the soil survey performed under §907. B(16) of the Act and the plan approved under §2907;

d. the provisions of a plan approved by the office 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 §5431, and has achieved compliance with the requirements of the Act, these regulations, the regulatory program, and the permit, and the applicable liability period under §915. B(20) of the Act and §4105. B of this Subpart has expired.

La. Admin. Code tit. 43, § XV-4503

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 6:177 (May 1980), LR 14:441 (July 1988), LR 20:447 (April 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.