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Applicable rules for the pre -law bond release are summarized below: <br />Grading was to be: appropriate to the post- mining land use; a physically attractive <br />surrounding; and, completed to control erosion and siltation of the affected area, <br />surrounding property, and water courses. The Board could require terracing. <br />2. All available topsoil was to be removed and replaced on the backfilled and graded area. <br />Revegetation had to "establish a diverse, effective, and permanent vegetative cover <br />native to the area of land that was affected and was to be capable of self - regeneration <br />and plant succession without dependence on irrigation, soil amendments or fertilizer, at <br />least equal in extent of cover to the natural vegetation of the area prior to any mining." <br />Introduced species could be utilized on a temporary basis as a method of preparing the <br />land for establishment of native species. <br />The provisions identified above were evaluated as reclamation requirements for this bond <br />release, with the exception of Item 2. The Reclamation Board Rules became effective February <br />25, 1976 and required all available topsoil to be removed and replaced on the backfilled and <br />graded area. The Colorado Open Mining Land Reclamation Act of 1973 required that <br />whenever possible, the operator was to retain topsoil for reclamation; prior to the 1973 Act, <br />there were no requirements for topsoil salvage and redistribution. As stated in the PSCM SL -02 <br />application, the area of mining within the pre -law parcel was disturbed prior to February 25, <br />1976 and therefore no topsoil was salvaged or redistributed on the pre -law disturbance. <br />Therefore, it was determined that topsoil salvage and replacement was not a requirement for the <br />pre -law lands and was not made a specific requirement for release of bond liability. <br />IV. OBSERVATIONS AND FINDINGS <br />The initial bond release inspection for this bond release application was conducted on <br />September 18, 2013. During the inspection, the entire 68.79 acres associated with SL -02 was <br />visually assessed for compliance with pertinent requirements. Relevant documentation <br />developed over the life of the operation, including information from operator annual reports and <br />prior Division inspection reports, has also been utilized in the compliance evaluation. Such <br />documentation is referenced in this section as appropriate. <br />The inspection review for PSCM SL -02 included a review of the Phase I bond release <br />inspection report and Findings of Compliance for SL -01 of the Seneca 11 Mine, which applied to <br />all of the lands included in the PSCM SL -02 application. The Seneca 11 Mine SL -01 Phase I <br />bond release inspection report was issued August 24, 2006, based on an inspection conducted <br />from August 7, 2006 through August 11, 2006. Maintenance problems noted in the Seneca 11 <br />SL -01 inspection were checked during the PSCM SL -02 inspection. The problems identified in <br />the Seneca II SL -01 inspection were found to have been addressed. <br />Peabody Sage Creek Mine Page 8 January 30, 2014 <br />Full Bond Release <br />