(1) The permittee or any person authorized to act on his behalf may file an application with the department for release of all or part of the performance bond liability applicable to a particular permit after all reclamation, restoration and abatement work in a reclamation phase as defined in ARM 17.24.1116 has been completed on the entire permit area or on an area approved under 82-4-223 , MCA, for the incremental filing for and release of bond liability.

(2) Applications must be filed at times or seasons that allow the department to evaluate properly the reclamation operations alleged to have been completed.

(3) The application must include copies of letters sent to adjoining property owners, surface owners, local government bodies, planning agencies, and sewage and water treatment facilities or water companies in the locality of the permit area, notifying them of the permittee's intention to seek release of performance bond(s) . These letters must be sent before the permittee files the application for release.

(4) Each application for partial or full bond release must include a notarized statement which certifies that all applicable reclamation requirements have been achieved in accordance with the Act, the rules, and the approved reclamation plan.

(5) Within 30 days after filing the application for release, the permittee shall submit proof of publication of the advertisement required by ARM 17.24.1112. Such proof of publication is considered part of the bond release application.

(6) Applicants for prospecting bond release shall comply with ARM 17.24.1017.