SECTION 460:10-27-2. Procedures for seeking release of performance bond

(a)   The permittee or any person authorized to act on his behalf, may file an application with the Department for release of all or part of the performance bond liability applicable to a particular permit after all reclamation, restoration and abatement work in a reclamation phase as defined in 45 O.S. (1981), Section 725 has been completed on any part of the permit area or on an area approved pursuant to Section 460:10-27-3(b) (2) for the incremental filing and release of bond liability.

(b)   The Department shall inspect and evaluate the reclamation work involved within 30 days after receiving a completed application for bond release, or as soon thereafter as weather conditions permit. The surface owner, or agent, or lessee shall be given notice of such inspection and may participate with the Department in making the bond release inspection.

(c)   The Department shall consider, during inspection evaluation,

(1)   Whether the permittee has met the criteria for release of the bond under Section 460:10-27-3;

(2)   The degree of difficulty in completing any remaining reclamation, restoration or abatement work.

(d)   The Department shall notify the permittee of its decision to release or not to release all or part of the performance bond or deposit within sixty (60) days from the receipt of the completed application.