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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 or vegetation <br /> cover requirements and this was not evaluated for the South Collection Ditch being requested for <br /> partial Phase II Bond Release as part of the SL-17 application. <br /> Phase III Bond Release <br /> The Division evaluated Colowyo's request for the partial Phase III Bond Release on portion of <br /> South Collection Ditch in the SL-17 application, as shown on Figure 1 of this document. The <br /> process of releasing the reclamation bond for a coal mine site in Colorado is explained in Rule 3.03 <br /> and further described in the Division's 1995 Guideline Regarding Selected Coal Mining Bond <br /> Release Issues. The bond release process involves three phases. At Phase III, Rule 3.03.1(2) (c) <br /> states, "The remaining portion of the bond amount shall be released when the permittee has <br /> successfully completed all surface coal mining reclamation operations in accordance with the <br /> approved reclamation plan, and the final inspection and procedures of 3.03.2 have been satisfied. <br /> This shall not be before the expiration of the period specified for revegetation responsibility in <br /> 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 II <br /> bond release or have previously received Phase I and Phase II bond release approval. <br /> For permanent post-mining channels and ponds, there are no vegetation re-establishment <br /> requirements as stated earlier in this document and this was not evaluated for the South <br /> Collection Ditch being requested for partial Phase III Bond Release as part of the SL-17 <br /> application. <br /> Proposed Decision and Findings of Compliance December 18,2019 <br /> Partial Phase I,II and III Bond Release SL-17 Page 6 <br />