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Cut slopes had also been regraded to blend with adjacent undisturbed lands. Access roads had uneven <br /> surfaces, as specified in the reclamation plan. Regraded areas appeared structurally stable. No tension <br /> cracks,head scarps, or compression bulges were found. <br /> All areas displayed positive drainage at the time of the inspection,with no low spots in the regraded <br /> areas that would allow precipitation to pond. There were no signs of excessive erosion(e.g.,rills, <br /> gullies,or sediment fans). The operator made use of downed trees and other slash in the bond release <br /> area for erosion control (and for preventing motor vehicle access)by placing the downed trees and slash <br /> across reclaimed pads and roads. Backfilling and grading on most of the disturbed sites has created <br /> gentle slopes having slope lengths less than approximately 300 feet long,indicating that surface flow is <br /> likely to drain across the disturbed area chiefly as sheet-flow,rather than more erosive concentrated- <br /> flow. No berms or other obstructions were left on the downslope edges of disturbed areas that would <br /> impede flow off of the disturbed lands. While not a Phase I standard, all of the topsoil had been replaced <br /> on the drill pads and roads and vegetative growth was apparent on all of the reclaimed drill pads and <br /> roads. This vegetation will help to further stabilize the reclaimed areas and control erosion. <br /> Summary and Conclusions <br /> Based upon a review of the mine permit,the applicant's bond release application, and site inspections, <br /> the Division finds that Mountain Coal Company, LLC has completed backfilling, grading and drainage <br /> reestablishment of the sites in Table 1 in accordance with the approved reclamation plan. <br /> IV. PROPOSED DECISION <br /> Based on the observations above, the Division proposes to approve Mountain Coal Company, LLC's <br /> request for a Partial Phase I bond release for the West Elk Mine. This proposed decision will release the <br /> applicant from liability for backfilling, grading, and drainage reestablishment for the sites shown in Table <br /> 1,totaling 22.58 acres. <br /> An accounting of the West Elk Mine's bond release history is provided in Table 2 below. <br /> Table 2 <br /> West Elk Mine C-1980-007 Bond Release History <br /> Phase I Phase II Phase III <br /> Release Acres Amount Acres Amount Acres Amount <br /> SL-01 15.19 $79,727.00 0.00 $0.00 0.00 $0.00 <br /> SL-02 5.50 $122,629.00 0.00 $0.00 0.00 $0.00 <br /> SL-03 47.65 $470,488.00 0.00 $0.00 0.00 $0.00 <br /> SL-04 0.00 $0.00 67.60 $196,037.00 0.00 $0.00 <br /> SL-05 13.85 $94,475.00 0.00 $0.00 0.00 $0.00 <br /> SL-06 0.00 $0.00 0.00 $0.00 24.20 $69,761.00 <br /> SL-07 19.23 $97,871.00 0.00 $0.00 0.00 $0.00 <br /> SL-08 10.05 $110,452.00 0.00 $0.00 0.00 $0.00 <br /> SL-09 0.00 $0.00 0.00 $0.00 22.10 $38,462.00 <br /> SL-10 9.97 $149,727.22 0.00 $0.00 0.00 $0.00 <br /> SL-11 0.00 $0.00 0.00 $0.00 15.25 $26,825.00 <br /> C-1980-007 Page 8 of 10 <br />