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SCC submitted minor revision MR76 providing SEO documentation to finalize the permanent <br />impoundment demonstrations. On December 12, 2013 DRMS issued a proposed decision to <br />approve MR76. Upon approval of MR76, the remaining concerns regarding retention of <br />permanent stock ponds and ponds were resolved. The Division issued a proposed decision to <br />approve SL -4 Phase I bond release on 127.65 acres on December 19, 2013. Specifically excluded <br />from the SL4 bond release were 11.05 acres. Portions of the SL -4 application that were excluded <br />were the PM -4D drainage, Sediment Pond 006, Sediment Pond 016, Sediment Pond 017, and Stock <br />pond T -22. <br />SL -4 Exclusion Areas <br />Postmining Channel PM -4D <br />0.80 acres <br />Sediment Pond 006 <br />5.70 acres <br />Sediment Pond 016 <br />2.50 acres <br />Sediment Pond 017 <br />1.90 acres <br />Stock Pond T -22 <br />0.15 acres <br />Total <br />11.05 acres <br />II. CRITERIA FOR BOND RELEASE <br />The Division evaluated Seneca Coal Company's request for Phase II bond release on 859.5 acres in <br />the SL -5 application. Under Colorado's Permanent Program, the process of releasing the <br />reclamation bond for a mine site is explained in Rule 3.03 and further described in the Division's <br />1995 Guideline Regarding Selected Coal Mining Bond Release Issues. The bond release process <br />involves three phases. At Phase II, Rule 3.03.1(2)(b) states, "Up to eighty -five percent of the <br />applicable bond amount shall be released upon establishment of vegetation which supports the <br />approved post - mining land use and meets the approved success standard for cover, pursuant to <br />4.15.8." And 3.03.1(3)(b) states "No more than sixty percent of the bond shall be released so long <br />as the lands to which the release would be applicable are contributing suspended solids to <br />streamflow or runoff outside the permit area in excess of premining levels as determined by baseline <br />data or levels determined on adjacent nonmined area." <br />SCC requested Phase II bond release on 859.5 acres that have previously been approved for <br />Phase I bond release. <br />Topsoil replacement is verified during Phase II bond release evaluation. The Seneca II -W permit <br />requires an average topsoil replacement thickness of 1.3 feet (15.5 inches) in the northern <br />portions of the Seneca II -W mine. The southern extension area of the Seneca II -W mine requires <br />average topsoil replacement thickness of 1.1 feet (13 inches) with a minimum of 0.75 feet (9 <br />inches) in any one location. <br />The revegetation success criterion for cover is defined in Tab 22 of the permit. SCC utilizes the <br />weighted average comparison as defined in Rule 4.15.7(4)(b). SCC identified five vegetative <br />communities prior to mining. SCC uses an extended reference area approach. The extended <br />reference areas are defined as the identified vegetative communities within the permit area but <br />Page 10 of 18 <br />