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Phase II <br />Rule 3.03.1(2)(b) states, "Up to eighty -five percent of the applicable bond amount shall be released <br />upon the establishment of vegetation which supports the approved postmining land use and which <br />meets the approved success standard for cover based on statistically valid data collected during a <br />single year of the liability period ". In regard to Phase II bond release, Rule 3.03.1(3)(b) also states, <br />"No more than (60) percent of the bond shall be released so long as the lands to which the release <br />would be applicable are contributing suspended solids to streamflow or runoff outside the permit area <br />in excess of premining levels as determined by baseline data or in excess of levels determined on <br />adjacent nonmined areas ". <br />Although not specifically addressed in Rule 3.03, the Division evaluates topsoil replacement in <br />conformance with Rule 4.06 and permit requirements as a component of Phase II bond release. <br />For Phase II bond release, a statistically valid, hypothesis- test -based demonstration that the <br />applicable cover standard has been achieved is required. For the Seneca II Mine, the demonstration <br />entails a comparison based on results of statistically adequate samples of cover in the bond release <br />block and the applicable reference area. <br />The final reclamation plan for the Seneca II Mine includes retention of permanent facilities to support <br />the postmining land use. Permanent facilities within the Seneca H Mine SL -05 release area included <br />roads, a sediment pond approved for permanent retention, and established permanent drainages. The <br />two different range community standards that the reclaimed parcels are compared to are Mountain Brush <br />Reference Area and Sagebrush Reference Area. <br />With regard to Phase II bond release, SCC applied for a partial phase H bond release of 1213.1 acres of <br />interim and permanent program lands within the current Peabody Sage Creek Mine and the current <br />Seneca II Mine permit areas with SL -03. Of the 1213.1 acres, approximately 51.5 acres were in the <br />current Seneca 11 Mine permit area. SL -03 was approved on April 1, 2009. SCC's approved <br />reclamation plan prepared in accordance with Rule 2.05.4 is contained in Volume 14, Tab 2.05.4 of the <br />approved permit application package (PAP). SL -05 applied for the remaining phase H bond release of <br />219.7 acres of permanent program lands within the current Seneca H Mine permit. SL -05 was approved <br />on September 11, 2012. <br />PHASE III <br />Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be released when the permittee <br />has successfully completed all surface coal mining reclamation operations in accordance with this <br />approved reclamation plan, and the final inspection procedures of 3.03.2 have been satisfied. This shall <br />not be before the expiration of the period specified for revegetation responsibility in 3.02.3." Rule <br />3.03.1(4) states, " No bond shall be fully released until all reclamation requirements of these Rules and <br />the Act are fully met... ". The same rule goes on to state, " No acreage shall be released from the permit <br />area until all surface coal mining and reclamation operations on that acreage have been completed in <br />accordance with the approved reclamation plan." <br />SCC provided documentation in the application of the seed mixes planted for the Phase III Bond <br />