§ 14-34-6-13 — Schedule for release of bond or deposit

Indiana § 14-34-6-13

• Jurisdiction: Indiana
• Art. 34: SURFACE COAL MINING AND RECLAMATION
• Ch. 6: Bonding

Text

The director may release the bond, deposit,
or letter of credit in whole or in part if the director is satisfied that the
reclamation covered by the bond or deposit or part of the bond or
deposit has been accomplished as required by this article according to
the following schedule:
(1) When the operator completes the backfilling, regrading, and
drainage control of a bonded area in accordance with the
approved reclamation plan, the release of sixty percent (60%) of
the bond or collateral for the applicable permit area.
(2) After revegetation is established on the regraded mined land
in accordance with the approved reclamation plan. When
determining the amount of bond to be released after successful
revegetation has been established, the director shall retain the
amount of bond for the revegetated area that would be sufficient
for a third party to cover the cost of establishing revegetation and
for the period specified for operator responsibility in IC 14-34-10
of establishing revegetation. The director may not release a part
of the bond or deposit under this subdivision:
(A) if the land to which the release would be applicable is
contributing suspended solids to stream flow or runoff outside
the permit area in excess of the requirements set forth in IC 14-34-10-2(b)(13); or
(B) until soil productivity for prime farmland 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 under
IC 14-34-3-3(16).
If a silt dam is to be retained as a permanent impoundment under
IC 14-34-10-2(b)(11), the appropriate part of the bond may be
released under this subdivision if provisions for sound future
maintenance by the operator or the landowner are made with the
director.
(3) When the operator has successfully completed all surface coal
mining and reclamation activities, the release of the remaining
part of the bond, but not before the expiration of the period
specified for operator responsibility in IC 14-34-10. However, the
director may not fully release a bond or deposit until all
reclamation requirements of this article are fully met.
[Pre-1995 Recodification Citation: 13-4.1-6-7(g).]

Legislative History

As added by P.L.1-1995, SEC.27.