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However, for permanent post-mining channels and ponds, there are no topsoil requirements and <br /> this was not evaluated for the East Side Collection Ditch and Gulch A Pond being requested for <br /> partial Phase II Bond Release as part of the SL-16 application. Similarly to topsoil, for <br /> permanent post-mining channels and ponds, there are no vegetation cover requirements and this <br /> was also not evaluated for the East Side Collection Ditch and Gulch A Pond. <br /> Phase III Bond Release <br /> The Division evaluated Colowyo's request for the partial Phase III Bond Release on East Side <br /> Collection Ditch and Gulch A Pond in the SL-16 application, as shown on Figure 2 of this <br /> document. The process of releasing the reclamation bond for a coal mine site in Colorado is <br /> explained in Rule 3.03 and further described in the Division's 1995 Guideline Regarding Selected <br /> Coal Mining Bond Release Issues. The bond release process involves three phases. At Phase III, <br /> Rule 3.03.1(2) (c) states, "The remaining portion of the bond amount shall be released when the <br /> permittee has successfully completed all surface coal mining reclamation operations in accordance <br /> with the approved reclamation plan, and the final inspection and procedures of 3.03.2 have been <br /> satisfied. This shall not be before the expiration of the period specified for revegetation <br /> responsibility in 3.02.3." <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. The reclamation supports the approved post-mining land use(Rule 4.16.1); <br /> 2. All areas requested for Phase III bond release meet the requirements for Phase I and Phase 11 <br /> bond release or have previously received Phase I and Phase 11 bond release approval. <br /> For permanent post-mining channels and ponds, there are no vegetation re-establishment <br /> requirements and this was not evaluated for the East Side Collection Ditch being requested for <br /> partial Phase III Bond Release as part of the SL-16 application. <br /> All adjacent areas that drain into the East Side Collection Ditch and Gulch A Pond has received <br /> Phase 11 Bond Release except for 2.9 acres within the East Pit. The remaining 2.9 acres are <br /> treated through a small area exemption as approved in Volume 2C, Item 18 in the Colowyo PAP. <br /> IV. OBSERVATIONS AND FINDINGS <br /> The following discussion of observations and findings focuses on the results of backfilling and <br /> grading work, drainage reestablishment, and vegetative cover re-establishment in the East Pit for <br /> partial Phase I and 11, as well as the East Side Collection Ditch and Gulch A Pond for partial Phase <br /> 1,11, and III Bond Release in the SL-16 application. <br /> Proposed Decision and Findings of Compliance October 22,2019 <br /> Partial Phase I,II and III Bond Release SL-16 Page 7 <br />