2014-12-19_REVISION - C1980005 (2)

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quarterly meeting between the Division and the WQCD. During the meeting, the Seneca II Mine's, SL -6 Phase III Bond Release was discussed. The Division agreed to provide the WQCD with a copy of the SL -6 Findings of Compliance. The WQCD agreed to review the findings and provide any comments concerning the findings on protection of the hydrologic balance. Subsequent to the meeting, an email from the Clean Water Enforcement Unit of the WQCD, received by the Division on December 8, 2014, stated that the Clean Water Enforcement Unit and the Permits Section of the Clean Water Program of the WQCD have no site - specific concerns with the Division's bond release of the Seneca II Mine. Summary and Conclusions Based upon a review of the mine permit, the applicant's bond release application, and site inspections, the Division finds that Seneca Coal Company, LLC has successfully completed all surface coal mining reclamation operations in accordance with the approved reclamation plan and met all requirements of the Act and the Rules. IV. PROPOSED DECISION Based on the observations above, the Division proposes to approve Seneca Coal Company, LLC's request for a Phase III bond release for the Seneca II Mine (Permit No. C- 1980 -005). This proposed decision will release the applicant from Phase III reclamation liability and, upon final approval of this Proposed Decision, the Division will terminate its regulatory authority and jurisdiction over the Seneca II Mine (Permit No. C- 1980 -005). With the approval of this SL -6 bond release, the entire disturbance of 272.2 acres associated with the Seneca II Mine will have achieved Phase III bond release status. All bond release parcels included in the SL -06 Phase III bond release application have been evaluated for Phase III reclamation success criteria. The reclamation cost estimate was last evaluated and updated in August 2014 during Midterm Review No. 7. Backfill and grading, redistribution of topsoil, and re- establishment of vegetation costs were calculated at that point in time. Upon finalization of this bond release (SL -06), the Division is proposing to release the entire amount of remaining performance bond. The Division currently holds a $429,424.00 surety for the Seneca II Mine.