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II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br /> PHASE I—not applicable for SL-08. <br /> PHASE II—not applicable for SL-08. <br /> PHASE III <br /> Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be released when the permittee <br /> has successfully completed all surface coal mining reclamation operations in accordance with this <br /> approved reclamation plan, and the final inspection procedures of 3.03.2 have been satisfied. This shall <br /> not be before the expiration of the period specified for revegetation responsibility in 3.02.3." Rule <br /> 3.03.1(4) states,"No bond shall be fully released until all reclamation requirements of these Rules and <br /> the Act are fully met...". The same rule goes on to state, "No acreage shall be released from the permit <br /> area until all surface coal mining and reclamation operations on that acreage have been completed in <br /> accordance with the approved reclamation plan." <br /> Rule 3.03.1(5)indicates that reclaimed ponds(and other temporary drainage facilities) are not subject to <br /> the extended liability period of Rule 3.02.3(2). <br /> In addition to the Rules,the Division used the Bowie No. 1 Mine PAP to assess reclamation success. <br /> Drainage Control and Reestablishment <br /> At the West Mine area, a permanent drainage channel will be constructed. However,this construction <br /> has not yet occurred, and this drainage is not part of the SL-08 area under consideration. <br /> Topsoil Replacement <br /> For Phase III bond release applications,no particular criteria are considered for topsoil. However,the <br /> replacement of topsoil can be assessed in the context of the overall success of the reclamation, including <br /> the presence of erosion and the health of the vegetation. <br /> Pennit Number C-1981-038 Page 6 of 12 <br />