2021-03-04_REVISION - C1981022 (17)

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for the adjacent undisturbed extended reference area was 2.767 tons/acre/year, with a range of 0.040-14.368 tons/acre/year. Group 3 (Bear Creek Fansite (leased to Vessels)) The post -mining land use of the Bear Creek Fansite is "Industrial/Commercial". Summary and Conclusions Based upon a review of the mine permit, the applicant's bond release application, and site inspections, the Division finds that Oxbow Mining, LLC has replaced topsoil in accordance with the approved reclamation plan. Oxbow Mining, LLC has established vegetation which supports the approved post mine land use and meets the approved success standard for vegetative cover. The Division finds that the reclaimed area subject to this bond release is not contributing suspended solids to streamflow or runoff outside the permit area in excess of premining levels or in excess of adjacent nonmined areas. PHASE III As previously discussed, the only site for which Phase III release is requested with SL-2 is the Bear Creek Fansite, which has a post -mining land use of "Industrial/Commercial". An industrial facility is installed and currently in use on the site. The Division understands that the facility extracts methane from mine workings and burns it in a thermal oxidizer; this activity reduces the greenhouse gas potential of the emissions and has commercial value in the form of credits which may be traded. Summary and Conclusions Based upon a review of the mine permit, the applicant's bond release application, and site inspections, the Division finds that Oxbow Mining, LLC has successfully completed all surface coal mining reclamation operations in accordance with the approved reclamation plan and met all requirements of the Act and the Rules. IV. PROPOSED DECISION Based on the observations above, the Division proposes to approve Oxbow Mining, LLC's request for a Partial Phase I, II and III bond release for the Elk Creek Mine. This proposed decision will release the applicant from liability for: backfilling, grading, and drainage reestablishment for the 66.05 acres identified as Phase I in Table 1; backfilling, grading, and drainage reestablishment, and topsoil redistribution and establishment of vegetation for the 70.36 acres identified as Phase I & II in Table 1; and all reclamation work for the 2.33 acres identified as Phase I, II & III in Table 1. The Division currently holds a performance bond of $4,500,000 for the Elk Creek Mine. The most recent update of reclamation liability for the site prior to SL-1 was $4,323,977.80. This will be the figure used to calculate the maximum dollar amount eligible for release based on the conditions of Rule 3.03.1(2), which states that up to 60% of the bond can be released at Phase I, up to 25% can be released at Phase II and the remaining 15% can be released at Phase III. Table 2 shows the bond release history at the Elk C-1981-022, SL-2 Page 21 of 23