Oklahoma § 45-772 - Release of performance bond or deposit - Schedule of

§ 45-772. Release of performance bond or deposit - Schedule of

release - Disapproval of application - Protection of affected area.

A. The Department may release in whole or in part the bond or

deposit if the Department is satisfied the reclamation covered by

the bond or deposit or portion thereof has been accomplished as

required by this act according to the following schedule:

1. When the operator completes the backfilling, regrading and

drainage control of a bonded area in accordance with his approved

reclamation plan, the release of sixty percent (60%) of the bond or

collateral for the applicable permit area;

2. After revegetation has been established on the regraded

mined lands in accordance with the approved reclamation plan. When

determining the amount of bond to be released after successful

revegetation has been established, the Department shall retain that

Oklahoma Statutes - Title 45. Mines and Mining

amount of bond for the revegetated area which would be sufficient

for a third party to cover the cost of reestablishing revegetation

and for the period specified for operator responsibility of

reestablishing revegetation. No part of the bond or deposit shall

be released under this paragraph 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 the

requirements set by law. No part of the bond shall be released

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 as

determined from the soil survey. When a silt dam is to be retained

as a permanent impoundment, the remaining portion of bond may be

released under this paragraph so long as provisions for sound future

maintenance by the operator or the landowner have been made with the

Department; and

3. When the operator has completed successfully all surface

coal mining and reclamation activities, the release of the remaining

portion of the bond, but not before the expiration of the period

specified for operator responsibility. No bond shall be fully

released until all reclamation requirements of this act are fully

met.

B. If the Department disapproves the application for release of

the bond or portion thereof, the Department shall notify the

permittee in writing, stating the reasons for disapproval and

recommending corrective actions necessary to secure said release and

allowing opportunity for a public hearing.

C. In order to protect areas affected by surface coal mining

activities and the surface effects of underground coal mines, no oil

or gas drilling activities shall be commenced or continued in any

mine permit area while the reclamation bond or any portion thereof

remains in effect, without the written approval of the Director.

The Department shall issue rules and regulations establishing

criteria and conditions for the approval of the Director under this

subsection.

Laws 1979, c. 249, § 39, emerg. eff. June 1, 1979.