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II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />PHASE I <br />Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released when <br />the permittee successfully completes backfilling, regrading, and drainage control in accordance with <br />the approved reclamation plan." With regard to Phase I bond release for the areas included in the <br />SL -13 application, the approved reclamation plan for the New Horizon Mine calls for post- mining <br />slopes that will not be uniform but will approximate the general nature of the pre- mining <br />topography and the post- mining land use. Backfilling and grading requirements are described in <br />Section 2.05.4(2)(c) of the permit application package, and are depicted on permit Map 2.05.4 -1. <br />All highwalls were to be eliminated and graded to a 5H:1 V slope, or flatter. No terracing or small <br />depressions were proposed. Lands owned by WFC (formerly Lloyd) and Benson were to be <br />returned to approximate original contour, with a drainage pattern similar to the pre- mining <br />conditions. In areas of topographic change, the land was to be improved by the creation of more <br />consistent slopes, over broad areas, to facilitate post- mining irrigation of the fields. In the SL -13 <br />area, in order to return the land to topography that met the needs of various landowners, the backfill <br />swell volume was to be confined to certain parcels. The reclaimed surfaces of the WFC (Lloyd) and <br />Benson parcels were to be somewhat higher in elevation than they were prior to mining. Excess <br />overburden volume from the Morgan property (adjacent to the southern edge of the Phase I area) <br />was to be placed on the Lloyd and Benson properties in order to return the Morgan parcel to pre - <br />mining elevations. <br />PHASE III <br />Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be released when the <br />permittee has successfully completed all surface coal mining reclamation operations in accordance <br />with this approved reclamation plan, and the final inspection procedures of 3.03.2 have been <br />satisfied. This shall not be before the expiration of the period specified for revegetation <br />responsibility in 3.02.3." Rule 3.03.1(4) states, " No bond shall be fully released until all <br />reclamation requirements of these Rules and the Act are fully met... ". The same rule goes on to <br />state, " No acreage shall be released from the permit area until all surface coal mining and <br />reclamation operations on that acreage have been completed in accordance with the approved <br />reclamation plan." <br />The operator mined through certain segments of Montrose County's BB Road and 2700 Road. <br />During mining, traffic was rerouted around the northeastern perimeter of the disturbed area using <br />the `BB Detour Road ". The original alignments of BB Road and 2700 Road were backfilled as the <br />mine's operations continued to move westward, and the affected roads were reconstructed, surfaced <br />with gravel, and ultimately paved with asphalt. <br />Details regarding reconstruction of BB Road and 2700 Road are provided in the approved permit. <br />Relevant sections include the following: <br />31 <br />