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Based upon a review of the mine permit,the applicant's bond release application, and site inspections,the <br /> Division finds that HGT has replaced topsoil in accordance with the approved reclamation plan. HGT has <br /> established vegetation which supports the approved post mine land use and meets the approved success <br /> standard for vegetative cover of an industrial/commercial site Pursuant to Rule 4.15.10. The Division <br /> finds that the reclaimed area subject to this bond release is not contributing suspended solids to streamflow <br /> or runoff outside the permit area in excess of premining levels or in excess of adjacent nonmined areas. <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 the <br /> Act are fully met...". The same rule goes on to state, "No acreage shall be released from the permit area <br /> until all surface coal mining and reclamation operations on that acreage have been completed in <br /> accordance with the approved reclamation plan." <br /> The approved reclamation plan for the TAHR and TAHR corridor, which consists of 214.1 acres, is <br /> industrial/commercial and allows this area to be utilized as a permanent haul road and vegetated topsoil <br /> pile storage area. Backfilling and grading required in this area is minimal and has been completed to the <br /> standards of Rule 3.03.1(2)(a). Effective drainage structures have been maintained along the sides of the <br /> TAHR and around topsoil piles. Thus, the overall hydrologic balance of the area has been maintained <br /> through the upkeep of these drainage control structures. No erosion issues of concern along the TAHR or <br /> within the corridor were noted as part of the release inspection observations. Topsoil was not required to <br /> be replaced in the release area. Rather, it has been stored in seven permanent topsoil pile features located <br /> along the TAHR. These topsoil piles features have been effectively revegetated to control erosion pursuant <br /> to Rule 4.15.10. No study of vegetative cover or diversity is required on these disturbed topsoil piles due <br /> to the release area having a post mining land use of industrial/commercial. As per the Division's request, <br /> a Revised Universal Soil Loss Equation(RUSLE) calculation was completed. The results of this analysis <br /> further showed that the vegetated topsoil piles are not contributing excess sediment and are effectively <br /> controlling erosion in the release area. <br /> Based upon a review of the mine permit,the applicant's bond release application, and site inspections,the <br /> Division finds that Hayden Gulch Terminal, LLC has successfully completed all surface coal mining <br /> reclamation operations in accordance with the approved reclamation plan and met all requirements of the <br /> Act and the Rules. <br /> IV. PROPOSED DECISION <br /> Based on the observations above, the Division proposes to approve Hayden Gulch Terminal, LLC's <br /> request for a Phase I, II, and III bond release (SL-03) for the Hayden Gulch Loadout. This decision is <br /> based on a finding that the operations will comply with all requirements of the Colorado State Program <br /> as found in the Colorado Surface Coal Mining Reclamation Act, Section 34- 33- 101 et seq., C.R.S., <br /> and the Regulations promulgated pursuant to the Act. <br /> Permit Number C-1992-081 Page 6 of 7 <br />