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II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />PHASE I <br />Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released when the <br />permittee successfully completes backfilling, regrading, and drainage control in accordance with the <br />approved reclamation plan." The reclamation plan for the Elk Creek Mine is found in section 2.05.4 of <br />the Permit Application Packet (PAP). <br />With regard to Phase I bond release, the approved reclamation plan for the Elk Creek Mine calls for: <br />• Removal and salvage or demolition and disposal of any surface structures and facilities not <br />approved for retention to support the post -mining land use <br />• Sealing and backfilling of all mine openings and any wells that will not be retained for <br />monitoring or water supply <br />• Regrading of disturbance areas to the approved post -mining configuration, with grading to blend <br />with surrounding undisturbed and previously reclaimed areas and reestablish effective site <br />drainage <br />• Construction of designed post -mining drainage channels <br />Structures requiring demolition within the footprint of the SL-2 parcels were located at the Bear Creek <br />B-Seam Portal & Fansite (US Steel), the Bear Creek Fansite (leased to Vessels), the Lower Hubbard <br />Creek facilities area, and the Hubbard Creek Fan 91 Site. <br />The Bear Creek B-Seam Portal & Fansite (US Steel) was associated with the Somerset mine, and was <br />disturbed pre -law. The final topography of the site is shown on Exhibit 2.05-E5 Part 2 Drawing C8- <br />1226R. Specific details for the reclamation of the site are given on page 2.05-51 through -53 of the <br />PAP: <br />The Bear Creek facilities included portals, ventilation fans, a water tank, and several <br />degasifzcation boreholes. All equipment, buildings, and above ground structures have been <br />dismantled and removed. All concrete foundations have been removed, rubblized, and placed as <br />backfzll or left in place and covered. All rubblized concrete fill or in place foundations have been <br />covered with a minimum of 2 feet ofsuitable, non-combustible, and non -toxic fill material. <br />Demolition debris remaining after dismantling and removal of the surface structures and <br />equipment and foundation demolition did not include any non -coal materials as defined by Rule <br />4.11.4. The two Bear Creek portals were sealed in accordance with applicable provisions of <br />Rule 4.07 (as shown by the Figure, Typical Cross -Section - Mine Seal, in Exhibit 2.05-E5, <br />Reclamation Details). Solid block seals were constructed a minimum of 25 feet in from the portal <br />surface openings. The portal entries were then bac f led from the seal to the portal openings <br />with soil and broken rock materials and portal and face -up areas were backfzlled and graded to <br />completely cover all portal structures, establish a stable slope configuration, and eliminate <br />exposed highwall areas. <br />Final grading of backfzlled and other disturbance areas was completed to establish a stable <br />slope adjacent to Bear Creek and a final topographic configuration appropriate to the post - <br />mining land use. The final topographic configuration as shown by the Bear Creek reclamation <br />C-1981-022, SL-2 Page 10 of 23 <br />