(1) Up to thirty percent of the total potential credits for the bank, or for the phase that has been constructed, may be released when the department, in consultation with signatories, approves:

(a) The complete implementation of construction plans; and

(b) The as-built condition of the bank or phase.

(2) Approval of the as-built condition of a bank or phase includes the following:

(a) The sponsor must submit as-built plans that reflect the final grading and planting of the site to the department and signatories; and

(b) The department must inspect the as-built condition of the bank.

(3) If the department approves the as-built plans and the constructed condition of the site, then the department must release the credit(s) specified in the instrument.

(4) If the bank cannot be constructed in accordance with the approved instrument, the sponsor must notify the department and signatories. Any changes to the bank design requires approval from the department and signatories prior to work occurring.