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All areas appeared to have positive drainage, with no low areas in the regraded areas that would <br />pond runoff. There were no signs of excessive erosion (e.g., rills, gullies, or sediment fans). The <br />operator has made ample use of downed trees and other slash in the bond release area for erosion <br />control (and for preventing motor vehicle access) by placing the downed trees and slash across <br />reclaimed roads. Backfilling and grading on most of the disturbed sites has created gentle slopes <br />having slope lengths less than approximately 300 feet long, indicating surface flow is likely to <br />drain across the disturbed area chiefly as sheet -flow, rather than more erosive concentrated -flow. <br />No berms or other obstructions have been left on the downslope edges of disturbed areas that <br />would impede flow off of the disturbed lands. While not a Phase I standard, there did appear to <br />be good first and second year vegetative growth on all of the reclaimed drill pads and roads. <br />This vegetation will help to further stabilize the reclaimed areas and control erosion. <br />Summary and Conclusions <br />Based upon a review of the mine permit, the applicant's bond release application and site <br />inspections, the Division finds that MCC has backfilled, regraded and re- established drainage in <br />accordance with the approved reclamation plan on all of the MDW drill pads and associated <br />access roads contained in the partial Phase I Bond Release SL -05 application. Additionally, the <br />Division finds that all of the MDW's were sealed and marked in accordance with the approved <br />reclamation plan and applicable Rules. <br />IV. PROPOSED DECISION <br />Based on the observations above, the Division proposes to approve the Mountain Coal Company, <br />LLC's request for a Partial Phase I Bond Release for the West Elk Mine. This proposed decision <br />will release the applicant from reclamation liability for Phase I Bond Release criteria for the <br />methane drainage wells, well pads and access roads listed in Table H, totaling 13.85 acres. The <br />Division proposes to release $94,475.00 for the Partial Phase I Bond Release SL -05. <br />An accounting of the West Elk Mine's bond release history, including SL -05, is provided in the <br />Table I below. <br />West Elk Mine SL -05 Findings 6 11 February 2014 <br />