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002 and will only become an issue if they become perpetually discharging springs at termination of <br />the permit. <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." With regard to Phase I bond release, SCC applied for a partial Phase I bond <br />release with SL -1, under the Seneca Coal Company's Permit No. C-1980-005 for the Seneca II Mine. SL - <br />1 was approved on December 27, 2006. <br />PHASE 11 <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 post -mining 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". In regard to Phase II bond release, Rule 3.03.1(3)(b) also states, " No more than sixty <br />(60) percent of the bond shall be released so long as the lands to which the release would be applicable are <br />contributing suspended solids to streamflow or runoff outside the permit area in excess of pre -mining <br />levels as determined by baseline data or in excess of levels determined on adjacent non -mined areas". <br />With regard to Phase II bond release, PSCM applied for a partial Phase II bond release with SL -1, under <br />the Peabody Sage Creek Mine Permit No. C-2009-087. SL -1 was approved on July 22, 2013. <br />PHASE III <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 />PSCM provided documentation in the SL -4 application of the seed mixes planted for the Phase III <br />Bond Release Block (previously referred to as BRB -4, now referred to as BRB PSCM-2). Seed <br />mixes used were in accordance with the approved mixes. All lands requested in the current Phase III <br />bond release application, SL -04, have been approved for Phase I and II bond release. Final <br />reclamation success was evaluated for vegetation success for vegetative cover, herbaceous <br />productivity, species diversity and woody plant density on lands designated as BRB -4. The <br />reclaimed landscape was evaluated for evidence of erosional features. Evaluation of the post - mining <br />land use of livestock grazing and wildlife habitat was considered during the Division's review. <br />C-2009-087 Page 6 of 14 <br />