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The Division evaluated Colowyo's request for partial Phase II Bond Release on 238.2 acres in the <br />East and West Pits as well as an old administrative building footprint (GFO1) located near the mine <br />entrance in the SL-19 application, as shown on Figure 1 of this document. The process of releasing <br />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 11 <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 />Colowyo provided topsoil replacement and vegetation monitoring reports for the Phase II Bond <br />Release areas in the SL-19 application which was verified by the Division. Locations for the <br />topsoil verification holes are shown on Figure 2 of this document. For locations of the <br />reclamation parcels associated with the SL-19 application, please refer to Figure 1 of this <br />document. Sedimentology and vegetation cover is summarized under Section IV — Observations <br />and Findings. <br />IV. OBSERVATIONS AND FINDINGS <br />The following discussion of observations and findings focuses on the results of the topsoil <br />replacement and vegetation cover in the East and West Pits and GFO1 as requested in the SL-19 <br />application. Reclamation parcels were reclaimed from 2014 through 2017 and vegetation sampling <br />was conducted in 2019. <br />The evaluation of the bond release application included the bond release inspection, an office <br />review of the permit requirements and regulatory criteria, and review of past inspection reports. <br />The bond release inspection was conducted on September 2, 2020. Several items were reviewed by <br />Proposed Decision and Findings of Compliance October 26, 2020 <br />Partial Phase II Bond Release SL-19 Page 5 <br />