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The Division evaluated Colowyo's request for partial Phase 11 Bond Release on 148.4 acres in the <br /> East and West Pits in the SL-22 application, as shown on Figure 1 of this document. The process of <br /> releasing the reclamation bond for a coal mine site in Colorado is explained in Rule 3.03 and further <br /> described in the Division's 1995 Guideline Regarding Selected Coal Mining Bond Release Issues. <br /> The bond release process involves three phases. At Phase H, Rule 3.03.1(2) (b) states, "Up to <br /> eighty-five percent of the applicable bond amount shall be released upon the establishment of <br /> vegetation which supports the approved postmining land use and which meets the approved success <br /> standard for cover, pursuant to 4.15.8, meets applicable productivity standards for prime farmlands <br /> or alluvial valley floors pursuant to 3.03.1(3)(b), or croplands pursuant to 4.15.9. With the <br /> exception of prime farmlands, evaluation of vegetation establishment pursuant to this paragraph is <br /> based on statistically valid data collected during a single year of the liability period." In regard to <br /> Phase 11 bond release, Rule 3.03.1(3)(b) also states, "No more than (60)percent of the bond shall <br /> be released so long as the lands to which the release would be applicable are contributing <br /> suspended solids to streamflow or runoff outside the permit area in excess of premining levels as <br /> determined by baseline data or in excess of levels determined on adjacent nonmined areas". <br /> Although not specifically addressed in Rule 3.03, the Division evaluates topsoil replacement in <br /> conformance with Rule 4.06 and permit requirements as a component of Phase II bond release. <br /> Evaluation and inspection of the reclaimed areas was based on the specific requirements of the <br /> reclamation plan and the functional requirements of the post-mining land use. Criteria for bond <br /> release included the following: <br /> 1. Required variable topsoil replacement per the Colowyo PAP; and <br /> 2. Required 90%vegetation cover. <br /> Colowyo provided topsoil replacement and vegetation monitoring reports for the Phase 11 Bond <br /> Release areas in the SL-22 application which was verified by the Division. Locations for the <br /> topsoil verification holes are shown on Figure 2 of this document. For locations of the <br /> reclamation parcels associated with the SL-22 application, please refer to Figure 1 of this <br /> document. Sedimentology and vegetation cover is summarized under Section IV— Observations <br /> and Findings. <br /> IV. OBSERVATIONS AND FINDINGS <br /> The following discussion of observations and findings focuses on the results of the topsoil <br /> replacement and vegetation cover in the East and West Pits as requested in the SL-22 application. <br /> Reclamation parcels were reclaimed from 2015 through 2018 and vegetation sampling was <br /> conducted in 2022. <br /> The evaluation of the bond release application included the bond release inspection, an office <br /> review of the permit requirements and regulatory criteria, and review of past inspection reports. <br /> The bond release inspection was conducted on September 12, 2023. Several items were reviewed <br /> by the Division during the technical evaluation of the bond release application before, during, <br /> Proposed Decision and Findings of Compliance November 3,2023 <br /> Partial Phase 11 Bond Release SL-22 Page 5 <br />