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II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br /> <br />Phase I <br /> <br />Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released when <br />the permittee successfully completes backfilling, regrading, and drainage control in accordance with <br />the approved reclamation plan." With regard to this SL-01 Phase I bond release, BRL had initially <br />requested 33.0 acres of Phase I-only bond release and 49.4 acres of Phase I and II bond release. The <br />initial bond release request also included a request for Phase I, II, and III bond release of 1.0 acre <br />and 185 sealed drilled holes. A portion of Gob Pile #1 was also initially included with the SL-01 <br />application for Phase I bond release, but was removed at the request of BRL. <br /> <br />During the SL-01 application review process and the results of the SL-01 bond release inspection, it <br />was determined that the total disturbance area of the applicable bond release are is 82.93 acres. Of <br />the 82.93 acres, 37.6 acres are Phase I only, 41.23 acres are Phases I and II, and 4.1 acres are Phases <br />I, II, and III. By Phase, this conveys to a total of 82.93 Phase I acres, 45.33 Phase II acres, and 4.1 <br />Phase III acres. <br /> <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 /> <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 /> <br />The Bowie No. 2 Mine’s reclamation plan was prepared in accordance with Rule 2.05.4. <br /> <br />Phase II <br /> <br />Rule 3.03.1(2)(b) states, "Up to eighty-five percent of the applicable bond amount shall be released <br />upon the establishment of vegetation which supports the approved postmining land use and which <br />meets the approved success standard for cover... based on statistically valid data collected during a <br />single year of the liability period". In regard to Phase II bond release, Rule 3.03.2(3)(b) also states, <br />"No more than sixty (60) percent of the bond shall be released so long as the lands to which the <br />release would be applicable are contributing suspended solids to streamflow or runoff outside the <br />permit area in excess of premining levels as determined by baseline data or in excess of levels <br />determined on adjacent nonmined areas".