Section 15-5 - Schedule for Release of Incremental Bond (a) The Administrator may recommend to the Director the release of incremental bond according to the following schedule. - (i) When the operator completes the backfilling, regrading, topsoil replacement, recontouring and drainage control of a bonded area in accordance with his approved reclamation plan, the release of 60 percent of the incremental bond for the applicable permit area.
- (ii) After vegetation whose species composition is commensurate with that of the seed mix(es) of the approved reclamation plan and the species composition required by Chapter 4 Section 2(d)(x), the amount of bond to be released shall be determined by:
- (A) The amount the Director determines must be retained for the permit area which would be sufficient for a third party to cover the cost of reestablishing vegetation so as to comply with the Act and all rules and regulations promulgated thereunder.
- (B) No part of the remaining bond or deposit shall be released under this provision.
- (I) 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 premining concentrations of receiving waters.
- (II) Until soil productivity for prime farmlands has returned to equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices in accordance with Chapter 5, Section 2(b).
- (III) Where a permanent impoundment is involved, this portion (B) of the bond may be released only after any renovation which may be required to meet the regulations and the permit has been completed and the State Engineer has approved the impoundment for its intended use.
- (iii) The remaining portion of the bond may be released after the operator has successfully completed all surface coal mining and reclamation activities and complied with the reclamation requirements of the Act, regulations and permit.
020-15 Wyo. Code R. § 15-5