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Andrew Monroy of the Office of Surface Mining, Reclamation and Enforcement(OSMRE) was <br /> also present for the inspection. <br /> II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br /> PHASE I <br /> Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released when the <br /> permittee successfully completes backfilling, regrading, and drainage control in accordance with the <br /> approved reclamation plan." <br /> With regard to Phase I bond release,the approved reclamation plan for the New Horizon North Mine calls <br /> for the site to be reclaimed to the post mining land use of dryland pasture. A total of 34 acres were <br /> associated with sediment control structures, associated Bench 1 stockpiles and topsoil stockpiles. The <br /> features included in the Phase I request included the east ditch, the west ditch, Pond 001 and Pond 002. <br /> Acreages included in the release included the footprints for all three Bench I Material Stockpiles,Mixed <br /> Topsoil Stockpile 91 and Mixed Topsoil Stockpile 92. <br /> In addition to the areas referenced above, Phase I bond release was requested on 1.2 acres for the access <br /> road and supporting discharge pipe underneath AA Road in the southern portion of the permit area. The <br /> access road and discharge pipe will remain in place as a permanent post mining feature. <br /> PHASE II <br /> Rule 3.03.1(2)(b) states, "Up to eighty-five percent of the applicable bond amount shall be released upon <br /> the establishment of vegetation which supports the approved postmining land use and which meets the <br /> approved success standard for cover...based on statistically valid data collected during a single year of the <br /> liability period". In regard to Phase H bond release, Rule 3.03.2(3)(b) also states, " No more than sixty <br /> (60)percent of the bond shall be released so long as the lands to which the release would be applicable are <br /> contributing suspended solids to streamflow or runoff outside the permit area in excess of premining levels <br /> as determined by baseline data or in excess of levels determined on adjacent nonmined areas". <br /> With regard to Phase II bond release, 1.2 acres associated with two items were requested for release. The <br /> permanent access road and a discharge pipe underneath AA Road. The access road and discharge pipe <br /> are approved to remain as a permanent, postmining feature. Therefore, topsoil depth standards and <br /> vegetation success criteria do not apply to the access road. <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 /> Permit Number C-2010-089 Page 4 of 12 <br />