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9. 'ilrc :uuczrnt of [hc bond or deposit rcyuircd anJ the terms of c:rch <br />acceptance of the applicant's bond may Ire adjusted ley' the Board <br />• from time to time as Lire cost to carry out the reclamation re- <br />yuired in the permit change ihre to economic conditions, or as <br />sib~rtific:nrt stages of tl~e reclamation plan are achieved to the <br />satisfaction of the Board as set forth in section VI-C herein. <br />C. Determination of Reclamation Completion and Success. <br />1. 71re Board shall leave flee responsibility of affirmatively finding, <br />iJi writing, that reclamation has been completed and is successful. <br />2. A judgment as to reclamation success shall be based upon each of <br />the following considerations: <br />a. Comlletion of the operator's plan of reclamation as set forth <br />in tlic l~crmit; and <br />b. full com}iliance with all applicable rules promulgated pur- <br />suant to the Act.; and <br />c. Capability of the land to sustain the plturned land use. <br />3. if the Board finds the reclamatiar is not complete or successful, <br />then a reconsideration of the reclamation com}rletion and success <br />may Inc pctitiorrcd by the operator, but not less than six (6) <br />morrtlrs after the final finding has been made by the board. <br />D. Release of Performance Bond. <br />• 1. The operator may file a rcyuest i~itli the Board for tlu release <br />of all or part of a performance bond or deposit for an open <br />mining operation. <br />2. IVithin :i reasonable time after receipt of tlrc request, the Board <br />shall conduct an. inspection and evaluation of the reclamation <br />work accomplished. <br />3. Tlrc Board may release in whole or in part said bond or deposit <br />if the Board is satisfied that the reclamation covered by ttre <br />bond or deposit or portion thereof has been completed and is <br />successful as defined by the Act and by t}rese rules promulgated <br />tlrcrcundcr. 1'Irc Board may release }part of said bond or deposit <br />for a significant area upon which final grading and contairing <br />(rave been completed. If any part of the pet uncompleted por- <br />tions oC tlic rcclvnation }rlan presents a Lazard of any sort to <br />:mp completed portion of the plan, then the bond shall not be <br />released on these completed portions of the plan. <br />4. If, liowcvcr, the Board releases part of a bond or deposit, it <br />shall retain a sufficient amount of ttre bond or deposit [o <br />guarantee revegetation of the part of the reclamation plan for <br />which bond has been released. <br />• <br />