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conduct hypothesis testing. The reclaimed SL -5 Bond Release Block is successful for Phase II <br />cover for 2009 sample data. <br />Although species diversity is not a required success criteria at Phase II evaluation, SCC provided <br />demonstrations to document that the reclaimed vegetation is moving towards species diversity <br />success. SCC provided successful demonstration of diversity tests C and D. Demonstration of <br />only two of the tests is required to demonstrate diversity success for the Seneca II -W <br />reclamation. SCC demonstrated that the reclaimed block is achieving species diversity success <br />at this point of the liability period. <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 SCC has replaced topsoil and established permanent vegetative <br />communities that support the post - mining land use in accordance with the approved reclamation <br />plan. SCC demonstrated that the reclaimed lands are not contributing loads of suspended solids <br />outside the permit area in significantly greater amounts than during pre - mining conditions. <br />Areas that SCC requested for Phase II bond release in the SL -5 application that will be exempted <br />from the proposed decision as explained previously in this findings include: <br />SL -5 Exclusion Areas <br />Description <br />Acreage <br />Parcel 2005 -11 south extension <br />49.7 acres <br />006 Gulch riparian community <br />4.7 acres <br />2002 parcel PM -41) drainage <br />4.2 acres <br />Total <br />58.6 acres <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 II bond release for the <br />Seneca II -W Mine. This proposed decision will release the applicant from liability for topsoil <br />replacement and vegetation establishment on 800.9 acres of the site, as shown on Figure 1 of this <br />document. SCC originally requested that 859.5 acres be released. Specifically excluded from this <br />SL -5 Phase II bond release decision are 4.2 acres for drainage channel reconstruction of PM -41), a <br />4.7 acre portion of 006 - Gulch, stock pond T -22, and 49.7 acre reclamation parcel 2005 -11. <br />Phase II <br />The reclamation liability for the Seneca II -W mine is $5,016,991.00 prior to the Division's proposed <br />Phase II bond release decision. SCC requested a release of $3,280,502.00. The Division proposes <br />Page 15 of 18 <br />