1. A. Final inspection for bond release shall be made no sooner than two growing seasons after the last seeding.

2. B. Final inspection for bond release shall require:

   1. 1. No noncritical areas larger than one-half acre shall be allowed to exist with less than 75% ground cover. Vegetation shall exhibit growth characteristics for long-term survival.
   2. 2. Seeded portions of critical areas shall have adequate vegetative cover so the area is completely stabilized.

   3. 3. Bond release inspections for industrial, residential, or commercial post-mining use shall ensure that:

      1. a. All areas not redisturbed by implementation of the post-mining use are reclaimed and satisfactorily stabilized.
      2. b. All areas associated with construction of buildings or residential dwellings for post-mining use are covered by appropriate plans approved by the local governing body, i.e., erosion and sediment control plans, building permits, and development plans.
      3. c. All areas not covered by such approved local government plans shall be reclaimed and stabilized in accordance with subdivisions 1 and 2 of this subsection prior to release of bond.
   4. 4. Bond release inspections for other post-mining uses will ensure that all areas not directly used by the post-mining use are stabilized in accordance with subdivisions 1 and 2 of this subsection and that the post-mining use is implemented.

Statutory Authority

§§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003.