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In addition to the issues raised by landowners, other adequacy issues were identified by the Division. <br />Division Comment #1 <br />The seep and associated structure in the Magpie Diversion needs to be addressed and possibly reclaimed <br />(adequacy item #1 in Division adequacy letters). <br />Response to Comment #1 <br />This reclamation has been performed. <br />Division Comment #2 <br />The spur off of the road to MW -NW was inspected by Al Weaver and Rob Zuber. The vegetation on <br />this reclaimed corridor looks to be very good, and disturbance markers are in place. However, it came <br />to the Division's attention that this area was not included in the "sampling universe." That is, when <br />the locations for vegetation sampling were chosen, the spur area was not included as a possible area <br />for sampling. Therefore, this area cannot be released as part of SL -04. <br />There are two features at the north end of this corridor that need to be reclaimed: a metal structure that <br />is a manhole or meter pit associated with a water line (it is full of dirt except for the top three to four <br />feet) and a small pile that could be topsoil (adequacy item #5 in Division adequacy letters). <br />Response to Comment #2 <br />Reclamation of the two features has been performed. The spur off of the MW -NW road will not be <br />released with SL -04 because it was not in the vegetation sampling universe. <br />Division Comment #3 <br />The 2012 subsidence repair area has not met the time frame for Phase III release. <br />Response to Comment #3 <br />The Division agrees with EFCI's assertion in their adequacy response letter (dated April 19, 2016 and <br />received April 22) that this work was maintenance and is not subject to the 10 -year time frame for <br />vegetation success. <br />The Division sent a preliminary adequacy letter to EFCI on April 13, 2016, which included the issues <br />from the landowners as well as the other three issues. Responses were received from EFCI on April 22, <br />2016. A second adequacy letter was sent by the Division on April 29, 2016. Responses were received <br />from EFCI on June 30, 2016. EFCI addressed all adequacy issues to the Division's. <br />II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />PHASE I <br />Rule 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 />Southfield Mine C-1981-014 Page 5 of 12 August 22, 2016 <br />SL -04 <br />