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7 <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 C-18 Ditch area will remain as a road to provide access to the western part of the Staats property. The <br />vegetation establishment standards associated with the Phase III Bond Release do not apply to the portions <br />of the C-18 Ditch that are the subject of SL-21. <br /> <br />IV. Observations and Findings <br /> <br />Ditch C-18 was part of the Pond 7 sediment control structure. When SL-19 was approved on May 5, 2018, <br />the Pond 7 drainage areas received final bond release. Pond 7 remained as a permanent structure but ditch <br />C-18 is not a permanent structure and was no longer needed. <br /> <br />The reclamation of ditch C-18 was conducted in November 2018. Culvert C-174 was removed and ditch <br />C-4 was re-directed to drain irrigation tailwater into Calamity Draw. Ditch C-18 was backfilled with <br />subsoil to accommodate a small landowner access road. The road was graded to the approximate contour <br />of the surrounding landscape. Topsoil was spread alongside the road to fill in low spots that would prevent <br />irrigation tailwater from draining to Calamity Draw. Weather conditions prohibited the topsoiled areas <br />from being seeded, but the mine staff provided the necessary seed mix to Mr. Staats. Mr. Staats agreed <br />with this arrangement. <br /> <br /> <br />V. Summary and Conclusions <br /> <br />Based upon a review of the mine permit, the applicant's bond release application, and site inspections, the <br />Division finds that ERMR has completed backfilling, grading and drainage reestablishment for the <br />disturbances that are the subject of SL-21 in accordance with their approved reclamation plans. <br /> <br />VI. Proposed Decision <br /> <br />Based on the observations above, the Division proposes to approve ERMR’s request for a partial Phase I, <br />II & III bond release of 1.6 acres of the former C-18 ditch on the Staats property at Mine 2 of the New <br />Horizon Mine. This proposed decision will release the applicant from liability for all reclamation work <br />on the 1.6-acre segment of C-18 ditch depicted on Map 1 of the SL-21 application. <br /> <br />The Division holds a performance bond of $5,300,000 for the New Horizon Mine. The current liability <br />for the site is $3,652,640.69. The Division proposes to release $11,245.00. The remaining $3,641,395.69