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III. OBSERVATIONS AND FINDINGS <br /> PHASE I <br /> Plugging and abandonment reports are available for all the drill holes in Table 1. The location and <br /> marking of the abandoned holes has been verified by the Division. <br /> Approximate original contour for the drill pads and roads was verified during the inspection by visual <br /> observation. All of the material that had been stockpiled on each site during the construction phase had <br /> been used during the reclamation phase to achieve approximate original contour(or used in the pad or <br /> road cut and fill). <br /> No debris,trash,drilling related equipment or de-gas housings were found in the bond release areas. No <br /> mud pits were found. Borehole location markers were verified. <br /> All backfill material has been properly regraded on disturbed areas in the bond release area,resulting in <br /> the disturbed lands blending well with the natural contour of adjacent,undisturbed lands. Cut slopes had <br /> also been regraded to blend with adjacent undisturbed lands. Access roads had uneven surfaces, as <br /> specified in the reclamation plan. Regraded areas were structurally stable. No tension cracks,head <br /> 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 at the time of the inspection. This vegetation will help to further stabilize the reclaimed areas and <br /> 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 MCC has completed backfilling, grading and drainage reestablishment of the sites <br /> in Table I in accordance with the approved reclamation plan. <br /> IV. PROPOSED DECISION <br /> Based on the observations above,the Division proposes to approve MCC's request for a Partial Phase I <br /> bond release for the West Elk Mine. This proposed decision will release the applicant from liability for <br /> C-1980-007 Page 7 of 10 <br />