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All backfill material appeared to have been properly regraded on disturbed areas in the bond <br />release area, resulting in the disturbed lands blending well with the natural contour of adjacent, <br />undisturbed lands. Cut slopes have also been regraded to blend with adjacent undisturbed lands. <br />Access roads have uneven surfaces as specified in the reclamation plan. Large boulders block <br />access to the reclaimed roads from the actively -used Forest Service roads. Downed trees and <br />slash also block access on the reclaimed roads. All regraded areas appeared structurally stable, <br />with no signs of differential settling, slumps or slides. No tension cracks, head scarps, or <br />compression bulges were found. <br />All areas appeared to have positive drainage, with no low areas in the regraded areas that would <br />pond runoff. There were no signs of excessive erosion (e.g., rills, gullies, or sediment fans). The <br />operator has made ample use of downed trees and other slash in the bond release area for erosion <br />control (and for preventing motor vehicle access) by placing the downed trees and slash across <br />reclaimed pads and roads. Backfilling and grading on most of the disturbed sites has created <br />gentle slopes having slope lengths less than approximately 300 feet long, indicating surface flow <br />is likely to drain across the disturbed area chiefly as sheet -flow, rather than more erosive <br />concentrated -flow. No berms or other obstructions have been left on the downslope edges of <br />disturbed areas that would impede flow off of the disturbed lands. While not a Phase I standard, <br />there did appear to be good first and second year vegetative growth on all of the reclaimed drill <br />pads and roads. This vegetation will help to further stabilize the reclaimed areas and control <br />erosion. <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 MCC has backfilled, regraded and re- established drainage in <br />accordance with the approved reclamation plan on all of the MDW and exploration drill pads and <br />associated access roads contained in the partial Phase I Bond Release SL -07 application. <br />Additionally, the Division finds that all of the MDW's and exploration holes were sealed and <br />marked in accordance with the approved reclamation plan and applicable Rules. <br />IV. PROPOSED DECISION <br />Based on the observations above, the Division proposes to approve the Mountain Coal Company, <br />LLC's request for a Partial Phase I Bond Release for the West Elk Mine. This proposed decision <br />will release the applicant from reclamation liability for Phase I Bond Release criteria for the <br />methane drainage wells, exploration holes, well pads and access roads listed in Table II, totaling <br />19.23 acres. The Division proposes to release $97,871.00 for the Partial Phase I Bond Release SL- <br />07. <br />An accounting of the West Elk Mine's bond release history, including SL -07, is provided in Table I <br />below. <br />West Elk Mine 6 13 April 2015 <br />Partial Phase I Bond Release SL -07 Findings <br />