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II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />PHASE <br />The process of releasing the reclamation liability for a mine site is explained in Rule 3.03 and further <br />described in the Division's 1995 Guideline Regarding Selected Coal Mine Bond Release Issues. Rule <br />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." SCC's approved reclamation plan prepared in accordance with Rule <br />2.05.4 is contained in Volume 5, Tab 14 of the permit application package (PAP). Evaluation and <br />inspection of the Roadside Portals Mine areas were based on the specific requirements of the <br />reclamation plan and the functional requirements of the post -mining land use. <br />A detailed description of the reclamation that was performed and dates of reclamation work <br />completed for the disturbed surface areas requested for bond release is provided in SCC's bond <br />release application titled Snowcap Coal Company Phase I, II, & III Bond Release Application (SL- <br />�). The surface area acreages requested for Phase I bond release include the Cameo Refuse <br />Disposal Area - 1 (CRDA -1) access road, CBA 1 Sump, a portion of CBA 2, and Ponds 6, 8, 9, 10, <br />11, and 13 including the flume at the North Portal. These locations were reclaimed and seeded in <br />October 2012, with exception of Substation G which was reclaimed September 2008, and Ponds 8 <br />and 9 which were reclaimed and seeded in October 2011 and April 2013, respectively. Rule 4.05.2 <br />states that sedimentation ponds and other treatment facilities for surface drainage from the <br />disturbed area shall be maintained until removal is authorized by the Division and the disturbed <br />area has been revegetated and stabilized, the untreated drainage from the disturbed area ceases to <br />contribute additional suspended solids above natural conditions, and the quality of untreated <br />drainage from the disturbed area meets the State and Federal water quality standard requirements <br />applicable after the sedimentation ponds and treatment facilities are removed, if any, for <br />receiving streams. Snowcap Coal Company has demonstrated that the untreated drainage from <br />the South Portal (Roadside Refuse Disposal and Borrow Areas), North Portal, CRDA-1 and 2, <br />and from the North Decline disturbed areas will contribute fewer suspended solids to streamflow <br />or runoff outside the permit area than untreated drainage from the natural surrounding premining <br />area. This was accomplished by a soils loss comparison between these disturbed locations and <br />corresponding non -disturbed reference areas using the Universal Soil Loss Equation. SCC also <br />provided an appropriate demonstration that the quality of untreated drainage from these disturbed <br />areas meets the State and Federal water quality standard requirements applicable after the <br />sedimentation ponds and treatment facilities are removed, if any, for receiving streams. All of <br />the sediment ponds listed above met the requirements for removal and were successfully <br />reclaimed. At the time of this bond release application, these disturbed surface areas were not <br />eligible or did not meet the criteria for Phase II or III bond release. <br />Several areas were requested for full bond liability release including Phase I, II and III. As <br />shown on Attachment 2, these disturbed areas include Pond 7, several access and haul roads, <br />diversion ditches, Topsoil Pile #2 and the Coal Gulch and Coal Creek realignment areas. With <br />the exception of Pond 7 and those portions of the North Decline, the Roadside Refuse Borrow <br />Area, Substation B, the North Decline Road (Access Rd 2) and the North Decline Upper <br />Diversion Ditches that overlie underground workings, these areas meet the requirements for full <br />Page 6 <br />