§ 86.174. Standards for release of bonds.
(a) When the entire permit area or a portion of a permit area has been backfilled and regraded to the approximate original contour or approved alternative, and when drainage controls have been installed in accordance with the approved reclamation plan, Stage 1 reclamation standards have been met.
(b) When the entire permit area or a portion of the permit area meets the following standards, Stage 2 reclamation has been achieved:
(1) Topsoil has been replaced and revegetation has been successfully established in accordance with the approved reclamation plan.
(2) The reclaimed lands are not contributing suspended solids to stream flow or runoff outside the permit area in excess of the requirements of the acts, regulations thereunder or the permit.
(3) If prime farmlands are present, the soil productivity has been returned to the required level when compared with nonmined prime farmland in the surrounding area, to be determined from the soil survey performed under the reclamation plan approved in Chapters 87—90.
(4) If a permanent impoundment has been approved as an alternative postmining land use, the plan for management of the permitted impoundment has been implemented to the satisfaction of the Department.
(c) When the entire permit area or a portion of the permit area meets the following performance standards, State 3 reclamation has been achieved:
(1) The permittee has successfully completed mining and reclamation operations in accordance with the approved reclamation plan so that the land is capable of supporting postmining land use approved under § § 87.159, 88.133, 89.88 and 90.166.
(2) The permittee has achieved compliance with the requirements of the acts, regulations thereunder, the conditions of the permit and the applicable liability period under § 86.151 (relating to period of liability) has expired.
(d) Additional standards for release of bonds for underground mining operations are as follows: release of the bond posted for mine subsidence, 10 years after completion of mining and reclamation.
Source The provisions of this § 86.174 adopted June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended November 14, 1997, effective November 15, 1997, 27 Pa.B. 6041; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227; corrected January 16, 2004, effective May 9, 1998, 34 Pa.B. 388. Immediately preceding text appears at serial pages (281193) to (281194).
Cross References This section cited in 25 Pa. Code § 86.162b (relating to Land Reclamation Financial Guarantees); 25 Pa. Code § 86.162c (relating to Bioenergy Crop Bonding); 25 Pa. Code § 86.172 (relating to criteria for release of bond); 25 Pa. Code § 86.175 (relating to schedule for release of bond); 25 Pa. Code § 86.264 (relating to forfeiture); 25 Pa. Code § 86.284 (relating to forfeiture); 25 Pa. Code § 86.294 (relating to uses and limitations); and 25 Pa. Code § 92a.76 (relating to cessation of discharge).
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