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6 <br /> <br />The Division scheduled and conducted a bond release inspection on September 7, 2017 at 9:30 am. The <br />site inspection was conducted in accordance with Rule 3.03.2(2). In attendance for the inspection were: <br />Frank Ferris (ERMR) and Tony Tennyson (TSGT). Mr. Carl Benson (landowner) and OSMRE were also <br />invited, but were not able to attend. All parties were notified of the inspection by certified mail. <br /> <br />No written objections or requests for an informal conference regarding the bond release application were <br />received by the Division. <br /> <br />No adequacy questions were raised by DRMS during the inspection or during the application review. <br /> <br />III. Criteria and Schedule for Bond Release <br /> <br />A total of 2.0 acres are being requested for Phase II and III bond release at Mine 2 for the section of the <br />BB Detour Road on Mr. Benson’s property. Mr. Benson requested this section to remain as a permanent <br />structure in a letter dated October 14, 2003 which can be found in Section 2.05.3(3) Attachment 2.05.3(3)- <br />8 of the permit. The post-mining land use for the road area is dryland pasture. The road will provide <br />landowner access to the northern part of the property in support of the post-mining land use. Phase I bond <br />release was approved for this area in SL-18. <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 upon <br />the establishment of vegetation which supports the approved postmining land use and which meets the <br />approved success standard for cover... based on statistically valid data collected during a single year of the <br />liability period". <br /> <br />The topsoil replacement and vegetation establishment standards associated with the Phase II Bond Release <br />do not apply to the portions of the BB Detour Road that are the subject of SL-20. <br /> <br />PHASE III <br /> <br />Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be released when the permittee <br />has successfully completed all surface coal mining reclamation operations in accordance with this <br />approved reclamation plan, and the final inspection procedures of 3.03.2 have been satisfied. This shall <br />not be before the expiration of the period specified for revegetation responsibility in 3.02.3." Rule <br />3.03.1(4) states, "No bond shall be fully released until all reclamation requirements of these Rules and the <br />Act are fully met...". The same rule goes on to state, "No acreage shall be released from the permit area <br />until all surface coal mining and reclamation operations on that acreage have been completed in <br />accordance with the approved reclamation plan." <br /> <br />The vegetation establishment standards associated with the Phase III Bond Release do not apply to the <br />portions of the BB Detour Road that are the subject of SL-20. <br /> <br />