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Areas not requested for Phase I bond release in the SL -2, SL -3 or SL -4 applications, and therefore <br />not released, include the powerline light use road (LU -1B). <br />Based upon a review of the mine permit, the applicant's bond release application, and site <br />inspections, the Division finds that SCC has completed backfilling, grading and drainage <br />reestablishment at all other areas of the Seneca II -W Mine for which Phase I bond release was <br />requested in accordance with the approved reclamation plan. The reclaimed areas included within <br />the SL -4 bond release request have been restored to the approximate original contour of the pre - <br />mining landscape. Slopes conform to post- mining contours as shown on the approved <br />Postmining Topography Map of the permit (Exhibit 20 -2) and appear to be stable. Proper <br />blending of reclaimed areas with undisturbed slopes was achieved; reconstructed drainages, with <br />the exceptions of PM -41) are stabilizing and in good condition. Minor hillslope erosion and <br />minor channel erosion was noted, but the extent and nature of the erosion observed is considered <br />a maintenance item to be addressed in the context of the Annual Rill and Gully Plan. Much of <br />the bond release area encompasses roads and permanent facilities /structures. The Division has <br />approved the retention of these facilities; with the exception of the areas excluded from bond <br />release as discussed above, and proposes to approve the bond release for these features. The <br />Division finds that SCC has achieved the requirements for Phase I bond release for 127.65 acres <br />at the Seneca 11-W Mine. <br />IV. PROPOSED DECISION <br />Based on the observations above, the Colorado Division of Reclamation, Mining, and Safety <br />proposes to partially approve Seneca Coal Company's request for a Phase I bond release for the <br />Seneca H -W Mine. This proposed decision will release the applicant from liability for backfilling, <br />grading, structure demolition (if required) and drainage reestablishment on 127.65 acres of the site, <br />as shown on Figures 1(a -d) of this document. SCC originally requested that 138.7 acres be released. <br />Specifically excluded from the Phase I bond release decision are 11.05 acres for drainage channel <br />reconstruction of PM -41) and reclamation of sediment pond 006, 016 and 017 as well as stock pond <br />T -22, these areas are depicted on Figures 1(a -d). <br />Phase I <br />At the writing of this document The Division holds a performance bond in the amount of <br />$6,255,552.61 for the Seneca H -W Mine. The reclamation cost estimate for the site was last <br />updated during Midterm Review No. 6 (MT6). At that time the liability for the site was estimated <br />to be $5,818, 456.00. SCC requested a release of $1,090,188.00. The Division proposes to release <br />$801,465.00 of liability. The remaining bond liability, after the proposed release for SL -4 and as <br />updated for current costs, will be $5,016,991.00. Costs proposed for release are associated with <br />highwall reduction, backfilling and grading and drainage control reestablishment. Costs associated <br />with the exclusion areas will be retained in the bond. No costs for topsoil replacement, reseeding, or <br />maintenance were released, and costs have been retained for maintenance of the postmining <br />drainage channels. The remaining $5,016,991.00 is sufficient to complete all remaining reclamation <br />work at the site if the work had to be performed by the Division, including the cost of topsoil <br />Page 17 of 18 <br />