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The approved drainage reestablishment consisted of the design and construction of permanent post <br /> mining drainage channels. The post-mine channel locations are shown on Maps 41,41 A and 41 B of <br /> the Colowyo PAP. Map 4 of the SL-15 application show cross-section of the Gulch A Ditch within <br /> the East Pit, including approved post-mining topography alongside the constructed topography. The <br /> Gulch A Ditch construction design can be found in Volume 2C, Exh. 7-14G of the Colowyo PAP. <br /> Phase II Bond Release <br /> The Division evaluated Colowyo's request for partial Phase II Bond Release on 3.7 acres of the <br /> Gulch A Ditch in the SL-15 application, as shown on Figure 2 of this document. The process of <br /> releasing the reclamation bond for a coal mine site in Colorado is explained in Rule 3.03 and further <br /> described in the Division's 1995 Guideline Regarding Selected Coal Mining Bond Release Issues. <br /> The bond release process involves three phases. At Phase II, Rule 3.03.1(2) (b) states, "Up to <br /> eighty-five percent of the applicable bond amount shall be released upon the establishment of <br /> vegetation which supports the approved postmining land use and which meets the approved success <br /> stand for cover,pursuant to 4.15.8,meets applicable productivity standards for prime farmlands or <br /> alluvial valley floors pursuant to 3.03.1(3)(b), or croplands pursuant to 4.15.9. With the exception <br /> of prime farmlands, evaluation of vegetation establishment pursuant to this paragraph is based on <br /> statistically valid data collected during a single year of the liability period." In regard to Phase II <br /> bond release, Rule 3.03.1(3)(b) also states, "No more than (60)percent of the bond shall be <br /> released so long as the lands to which the release would be applicable are contributing suspended <br /> solids to streamflow or runoff outside the permit area in excess of premining levels as <br /> determined by baseline data or in excess of levels determined on adjacent nonmined areas". <br /> Although not specifically addressed in Rule 3.03, the Division evaluates topsoil replacement in <br /> conformance with Rule 4.06 and permit requirements as a component of Phase II bond release. <br /> Evaluation and inspection of the reclaimed areas was based on the specific requirements of the <br /> reclamation plan and the functional requirements of the post-mining land use. Criteria for bond <br /> release included the following. <br /> 1. Required variable topsoil replacement depth at an average of 8 inches (per the <br /> Colowyo PAP); and <br /> 2. Required 90%vegetation cover. <br /> However, for permanent post-mining channels, there are no topsoil requirements and this was <br /> not evaluated for the Gulch A Ditch being requested for partial Phase II Bond Release as part of <br /> the SL-15 application. Similarly to topsoil, for permanent post-mining channels, there are no <br /> vegetation cover requirements and this was also not evaluated for the Gulch A Ditch. <br /> Phase III Bond Release <br /> Proposed Decision and Findings of Compliance August 6,2019 <br /> Partial Phase I,II and III Bond Release SL-15 Page 6 <br />