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and to keep acid other toxic drainage from entering ground or surface waters. Rule 4.07.3 also <br />requires all holes to be marked. MCC also provided well abandonment reports in the SL -08 <br />application for all of the plugged and sealed boreholes in accordance with Rule 4.07.3(3). <br />No debris, trash, drilling related equipment or de -gas housings were found in the bond release <br />areas. No mud pits were found. Borehole location markers were found on all of the locations. <br />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. All regraded areas <br />appeared structurally stable, with no signs of differential settling, slumps or slides. No tension <br />cracks, head scarps, or 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 />all of the topsoil was replaced on the drill pads and roads and there did appear to be excellent <br />first year vegetative growth on all of the reclaimed drill pads and roads. This vegetation will <br />help to further stabilize the reclaimed areas and control 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 drill pads and associated <br />access roads contained in the partial Phase I Bond Release SL -08 application. Additionally, the <br />Division finds that all of the MDW holes were sealed and marked in accordance with the <br />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, well pads and access roads listed in Table H, totaling 10.05 acres. The <br />Division proposes to release $110,452.00 for the Partial Phase I Bond Release SL -08. <br />West Elk Mine 6 20 November 2015 <br />Partial Phase I Bond Release SL -08 Findings <br />