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was conducted in accordance with Rule 3.03.2(2). Tonya Hammond representing SCC and Jim <br />Stover representing J.E. Stover and Associates, consultants for SCC, were present during the <br />inspection. Duane Matt with the Office of Surface Mining, Reclamation and Enforcement <br />(OSMRE) attended the inspection. Mr. Rudy Fontanari, a landowner of a portion of the bond <br />release area, and his son-in-law Trevor Grosse attended the inspection of the bond release area on <br />the east side of I-70. Kevin Conrad with the Grand Valley Water Users Association met us at the <br />parking lot of the Kokopelli Farms fruit stand at the beginning of the inspection. Mr. Conrad <br />indicated that he did not have any issues with the proposed bond release area and decided to not <br />attend the inspection and he left soon after the inspection began. Brant Harrison, a landowner of <br />a portion of the bond release area and owner of Kokopelli Farms, attended the entire inspection. <br />Based on the Division's observations during the inspection, the Pond 11 area is proposed to be <br />approved for Phase II release but withheld from Phase III bond release. This is due to the pond's <br />vegetation being similar neither to the reclaimed area nor to the surrounding undisturbed area. <br />Based on a conversation with Tonya Hammond after the bond release inspection, SCC revised the <br />Soil Loss Comparison Summary and Vegetation Cover Evaluation report contained in Tab 9 of <br />the SL -09 application. This change was made in order to determine reclamation success of the <br />proposed bond release areas without the vegetation cover contributed by Pond 11. The Division <br />receivedthe revised Tab 9 information on October 18, 2016 via e-mail. No other adequacyreview <br />issues were identified during the review of the SL -09 bond release application and no other items <br />were identified during the bond release inspection. <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 releasedwhen <br />the permittee successfully completes backfilling, regrading, and drainage control in accordance <br />with the approved reclamation plan." With regard to Phase I bond release, SCC's approved <br />reclamation plan prepared in accordance with Rule 2.05.4 is contained in Volume 5, Tab 14 of the <br />permit application package (PAP). The bond release parcels requested for bond release with SL - <br />09 have already been approved for Phase I bond release with the approval of either the SL -02 or <br />SL -08 bond release applications. The SL -09 application provides a summary of when reclamation <br />was performed for each area requested for bond release and specifies when each parcel was <br />approved for Phase I bond release. <br />PHASE II <br />Rule 3.03.1(2)(b) states, "Up to eighty-five percent ofthe 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 <br />a single year of the liability period". In regard to Phase II bond release, Rule 3.03.1(3)(b) also <br />states, "No more than sixty (60) percent of the bond shall be released so long as the lands to which <br />the release would be applicable are contributing suspended solids to streamflow or runoff outside <br />G 1981-041, SL -09 Findings Document Page 5 of 79 <br />