Current through Register Vol. XLI, No. 24, June 14, 2024
Section 38-3-17 - Final Release of Bond or Bond Pooling Fund, Final Inspection Report17.1. Upon completion of the required reclamation, and after the requirements of the permit have been fully complied with, the permittee shall submit to the Secretary a request for release of the bond or contributions to the bond pooling fund. In no instance shall the request for release be made until the vegetation meets the appropriate evaluation standards in section 10 of this rule.17.2. The release request shall be on forms prescribed by and furnished by the Secretary. 17.2.a. The request for release shall include the following:17.2.a.1. Accurate final map(s)or aerial photograph(s) in accordance with Section 11 of this rule;17.2.a.2. Appropriate requests for special land use;17.2.a.3. A certificate of publication of a Class 1 legal advertisement; and17.2.a.4. Proof of notification to the surface owner(s).17.3. A final inspection report shall be prepared and filed following inspection to determine that the operation is in compliance with this rule, the appropriate permit requirements, reclamation and revegetation standards, and that any untreated water discharged from the permit area is in compliance with W. Va. Code §22-11. If acceptable, the Secretary may then cause the permit increment or the permit and the corresponding bond or contributions to the Bond Pooling Fund to be released. Quarry areas that were disturbed prior to June 8, 2000 are exempt from reclamation requirements on those areas, unless otherwise specified.17.4. Upon approval of a modification to consolidate permits, those permits which have been absorbed shall be eligible for immediate release.