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The application was deemed incomplete on 9 May 2014 and deemed complete on 9 June 2014, after <br />receiving a copy of the affidavit of publication of West Elk's SL -07 legal notice. The legal notice <br />was published four times in the Delta County Independent (on 7, 14, 21 and 28 May 2014). The <br />Division conducted a bond release inspection on 9 and 10 July 2014. The site inspection was <br />conducted in accordance with Rule 3.03.2(2), in response to the operator's filing of the complete <br />Partial Phase I Bond Release application SL -07. Lands included in the bond release area were <br />federally owned. The coal mined in the bond release area was also federally owned. Persons <br />present during the bond release inspection included: Jim Stark representing the Division, Kathy <br />Welt and Jessica Loveland representing MCC, Howard Strand representing the Office of Surface <br />Mining (OSM) and Dan Gray representing the US Forest Service (USFS). Letters notifying surface <br />owners and adjacent landowners of the inspection were also mailed but no private landowners <br />attended the inspection. <br />II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />PHASE I <br />The Division evaluated West Elk's application for a partial Phase I Bond Release on 19.23 acres, <br />requested in the SL -07 application. Under Colorado's Permanent Program, the process of releasing <br />the reclamation bond for a mine site is explained in Rule 3.03 and further described in the <br />Division's 1995 Guideline Regarding Selected Coal Mining Bond Release Issues. The bond release <br />process involves three phases. At Phase I, Rule 3.03.1(2) (a) states, "Up to sixty percent of the <br />applicable bond amount shall be released when the permittee successfully completes backfilling, <br />regrading, and drainage control in accordance with the approved reclamation plan." The Phase I <br />Bond Release is the only phase of bond release applicable to the SL -07 application. <br />Evaluation and inspection of the reclaimed areas was based on the specific requirements of the <br />reclamation plan and the functional requirements of the post - mining land use. Criteria for Phase I <br />Bond Release included the following (if applicable). <br />1. Hillslope and drainage channel gradients and general design compliance; <br />2. Performance of the reconstructed topography. Symptoms of failure or instabilities such as <br />slumping or exposed highwalls were examined; <br />3. Hillslope design/function with regard to erosion; <br />4. Swales and depressions with regard to numbers of features and effect on post - mining land- <br />use; <br />5. Blending of regraded land to undisturbed areas; <br />6. The functioning of drainages with regard to knick- points, blending at disturbance <br />boundaries and channel erosion; <br />7. Erosional features; and <br />8. Drainage control for the reclaimed area, including upslope diversions. <br />West Elk Mine 4 13 April 2015 <br />Partial Phase I Bond Release SL -07 Findings <br />