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II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />PHASEI <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 Mining 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." <br />SCC's approved reclamation plan prepazed in accordance with Rule 2.05.4 is contained in Volume 9, <br />Tabs 19 through 21 of the permit application package (PAP). Details of the backfilling and grading plan, <br />schedule, and post mine topography aze located in Tabs 19 and 20 of the PAP. Evaluation and <br />inspection of the North Pit azea was based on the specific requirements of the reclamation plan and the <br />functional requirements of the post-mining land use. Criteria for bond release included the following. <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 regazd to numbers of features and effect onpost-mining land use; <br />5. Blending of regraded land to undisturbed azeas; <br />6. The functioning of drainages with regazd to knickpoints, blending at disturbance boundaries and <br />channel erosion; <br />7. Erosional features; and <br />8. Drainage control for the reclaimed azea, including upslope diversions. <br />With regard to Phase I bond release, the approved reclamation plan for the Yoast Mine calls for rough <br />backfilling and grading to be completed within 180 days following coal removal and not more than four <br />spoil ridges behind the active pit unless a variance from the timing of backfilling and grading was <br />approved. There were no variances approved for the North Pit azea. <br />Final interior spoil grading was designed to produce a diverse topography with slopes generally no <br />steeper than 5(h):1(v), except in areas where pre-mining slopes were steeper than 5:1. Final highwalls <br />were reduced to slopes flatter than 3: I. In some cases backfill material was placed against undisturbed <br />virgin ground at the top of a final highwall. As indicated in Tab 20 (Backfilling and Grading) of the <br />PAP, slopes may exceed 3(h):1(v) in these isolated azeas above the final highwall where the natural <br />slope is originally steeper than 3(h):1(v). Included in the postmine regrading operation was the <br />construction of small swales and hummocks to minimize erosion and to conserve soil moisture and to <br />promote revegetation. <br />SCC generated topographic maps, using photogrammetric methods, of backfilled and regraded azeas on <br />an annual basis. The maps were used to determine whether regraded azeas aze consistent with the <br />approved postmining topography. There were no variances from approximate original contour (AOC) <br />5 <br />