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the permit area in excess of premining levels as determined by baseline data or in excess of levels <br />determined on adjacent nonmined areas". <br />With regard to Phase II bond release, the approved reclamation plan calls for the redistribution of <br />topsoil to a depth of six inches on areas where topsoil was stripped. The Pond 8 and Pond 9 areas <br />requestedfor Phase II andPhase III bond release were disturbed prior to the requirement to salvage <br />topsoil, and thus the best available growth media was distributed over the area. The post -mine <br />land use for the majority of the bond release area is Fish and Wildlife Habitat. Pond 8 falls within <br />the industrial/commercial post -mine land use area. According to the permit Tab 14 section, <br />industrial/commercial areas will not be seeded. Other SL -09 areas were revegetated using an <br />approved seedmixture shown on Table 14-8 for areas revegetated after December2001 and Tables <br />14-4, 14-6 and 14-9 for areas revegetated prior to December 2001. These tables are included in <br />permit Tab 14. The applicant has utilized the Universal Soil Loss Equation to demonstrate that <br />reclaimed areas are not contributing suspended solids in greater quantities than adjacent un- <br />affected areas. <br />PHASE III <br />Rule 3.03.1(2)(c) states that the inial portion of performance bond, "shall be released when the <br />permittee has successfully completed all surface coal mining reclamation operations in accordance <br />with this approved reclamation plan, and the final inspection procedures of 3.03.2 have been <br />satisfied. This shall not be before the expiration of the period specified for revegetation <br />responsibility in 3.02.3." Rule 3.03.1(4) states, 'No bond shall be fully released until all <br />reclamation requirements of these Rules and the Act are fully met...". The same rule goes on to <br />state, 'No acreage shall be released from the permit area until all surface coal mining and <br />reclamation operations on that acreage have been completed in accordance with the approved <br />reclamation plan." As indicated above, the approved reclamation plan is discussed in Tab 14 of <br />the approved permit. The parcels requested for Phase III bond release were either reclaimed <br />sediment control features such as sediment ponds or diversion ditches or they were areas affected <br />during the reclamation of sediment control features with the exception of the .2 -acre area <br />overlaying the north mine entries where no surface disturbance occurred. The Pond 8 area was <br />reclaimed for an industrial/commercial post -mine land use. All of the remaining Phase III bond <br />release parcels were reclaimed for a Fish and Wildlife post -mine land use. Bond release areas #1, <br />2, 3, 4, 5, 6, 7, and 8 were either reclaimed sediment control facilities or areas re -affected during <br />the reclamation of sediment control facilities. For these areas, in accordance with Rule 3.03.1(5), <br />"Release of bond coverage for liability associated with temporary drainage and sediment control <br />facilities including impoundments and conveying systems shall be authorized only after final <br />inspection, acceptance, and approval by the Division. Such approval shall be granted based on <br />determination by the Division that backfilling and grading, topsoiling, and reseeding of such <br />facilities have been completed in compliance with the approved plan. Vegetative cover must be <br />adequate to control erosion and similar to the reclaimed area or surrounding undisturbed area. <br />Reclaimed temporary drainage control facilities shall not be subject to the extended liability period <br />of 3.02.3(2) or the bond release criteria of 3.03.1(2)." Given this, bond release areas # 1, 2, 3, 4, 5, <br />6, 7, and 8 are not subject to the 10 -year liability period and must only meet the vegetation cover <br />requirements of this rule. <br />C-1981-041, SL -09 Findings Document Page 6 of 79 <br />