(b) To obtain release from reclamation liability on reclaimed or unaffected land and, if desired, a proportionate bond release for land on which bond has been posted:

1. (1) The operator must make a formal written request to the Division of Environmental Quality for the release;

2. (2) The division will make a preliminary review of the release area to ensure compliance with:

   1. (A) The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq.;
   2. (B) This part;
   3. (C) The permit or any conditions thereto; and
   4. (D) The approved reclamation plan;
3. (3) In the event the preliminary inspection finds the site a viable candidate for release, a Mined Land Review Committee, comprised of representatives of various state agencies having experience in foresting and reclaiming open-cut mined lands with forest or agronomic or horticultural species, will tour the site;
4. (4) The Director of the Division of Environmental Quality will determine release based on the advice and technical assistance provided by the Mined Land Review Committee and the recommendation of division staff; and

5. (5)

   1. (A) The amount of bond released will be based solely on the cost of reclamation of the release area.
   2. (B) In no event shall the amount of bond remaining be less than the cost of reclaiming the remainder of the affected land in accordance with:

(i) The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq.;

1. (ii) This part;

   1. (iii) The permit and the conditions thereto; and

      1. (iv) The approved reclamation plan.