2016-12-30_GENERAL DOCUMENTS - C1996083

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PHASE I Backfilling and Grading During the period from 2003 to 2016, the methane drainage wells subject to this bond release application were sealed and abandoned, and associated access roads within the SL-02 bond release areas were re-graded and restored to the approximate original contours. The Phase I areas subject to this SL-02 bond release consist of 10.7 acres of backfilled and graded drill hole pads and 1.57 acres of backfilled and graded drill hole access roads. Based on the on-the-ground bond release inspection of the bond release areas and a comparison of the approved reclamation contour map to the pre-mining contours of the area, the areas pertaining to the Phase I release of SL-02 have been graded to the approximate original contours of the pre-mining conditions. Drainage Establishment The drill hole disturbance areas and associated roads have been graded in accordance with the approved post-mining topography. There are no significant drainage channels associated with the Phase I acres. All SL-02 acres are identified as small area exemptions (SAE) and do not report to a sediment pond. The sediment control for the associated SAEs consists of erosion control wattles, silt fence, and vegetative cover. The run-off of the area is in the form of sheet flow due to the slope of the pads. The areas displayed excellent vegetation growth with no evidence of instability or erosion. Summary and Conclusions Based upon a review of the mine permit, the applicant's bond release application, and site inspections, the Division finds that for the 12.27 acres subject to a Phase I bond release under SL- 02, Bowie Resources, LLC has completed backfilling, grading and drainage reestablishment in accordance with the approved reclamation plan. IV. PROPOSED DECISION Based on the observations above, the Division proposes to Approve Bowie Resources, LLC's request for a partial Phase I bond release for the Bowie No. 2 Mine. This proposed decision will release the applicant from 12.27 acres of Phase I liability for backfilling, grading, and drainage reestablishment associated with drill hole pads and associated access road disturbance. When determining the amount to be released under a bond release request, the Division is required to limit the release amounts to the percentages allowed under Rule 3.03.1(2), and ensure that the release amount does not result in the Division holding less bond than would be required to complete reclamation of the site in the event of a forfeiture (Rule 3.03.1(3)3(d)). A review of the minimum bond retention amount, compared to the estimated costs to complete the remaining tasks for which liability has not been released, indicates that the Division may not release the maximum amount allowed under Rule 3.03.1(2) for this SL-02 bond release request. The reclamation liability for the Bowie No. 2 Mine prior to any approved bond releases was