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Colorado Division of Reclamation, Mining, and Safety. The operator was represented by Scott <br />Cowman of Peabody Energy and Vern Pfannenstiel of Peabody Energy. The landowner was notified <br />and chose not to be represented. Based on this inspection, it was determined that all disturbances <br />associated with the SL -03 application were adequately reclaimed. <br />II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />Phase I <br />Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released when the <br />permittee successfully completes backfilling, regrading, and drainage control in accordance with the <br />approved reclamation plan." With regard to Phase I bond release, SCC applied for a partial phase I bond <br />release of 1,795.4 acres of interim and permanent program lands within the current Peabody Sage Creek <br />Mine and the current Seneca II Mine permit areas with SL -01. SL -01 was approved on December 27, <br />2006. SL -04 applied for a partial phase I bond release of 135.3 acres of permanent program lands within <br />the current Peabody Sage Creek Mine (8.0 acres) and the current Seneca II Mine permit (127.3 acres). <br />SL -04 was approved on May 11, 2010. <br />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 Peabody Sage Creek Mine, the <br />demonstration entails a comparison based on results of statistically adequate samples of cover in the <br />bond release block and the applicable reference area. <br />The final reclamation plan for the Peabody Sage Creek Mine includes retention of permanent facilities to <br />support the postmining land use. Permanent facilities within the Peabody Sage Creek Mine SL -03 <br />release area included segments of roads, stocktank/wildlife stock ponds approved for permanent <br />retention, and established permanent drainages. The two different range community standards that the <br />reclaimed parcels are compared to are Mountain Brush Reference Area and Sagebrush Reference Area. <br />With regard to Phase II bond release, SCC applied for a partial phase II 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 1161.6 acres were in the <br />