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Proposed Decision and Findings of Compliance <br />Partial Phase I, II and III Bond Release SL-23 Page 5 of 16 <br />SL-10 III 7/18/2016 1/12/2017 <br />SL-11 I 3/10/2017 11/13/2017 <br />SL-12 II and III 3/10/2017 12/7/2017 <br />SL-13 I 4/12/2018 8/30/18 <br />SL-14 II and III 5/24/18 11/24/18 <br />SL-15 I, II, and III 2/8/19 9/10/19 <br />SL-16 I, II, and III 6/26/19 11/26/19 <br />SL-17 I, II, and III 9/26/19 1/25/20 <br />SL-18 I 3/20/20 8/22/20 <br />SL-19 II 7/22/20 10/26/20 <br />SL-20 I 4/13/21 5/28/21 <br />SL-21 I 2/28/22 6/24/22 <br />SL-22 II 7/13/2023 11/3/2023 <br /> <br /> <br />See Exhibit 2A of the Colowyo Mine Annual Reclamation Report for the locations of the previous Phase I, II <br />and III Bond Release areas at the Colowyo Coal Mine. See Table 1 in this document for the previous bond <br />release acreages and Table 2 in this document for the previous bond release amounts. <br /> <br />II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br /> <br />PHASE I <br /> <br />The Division evaluated Colowyo’s request for partial Phase I, II and III Bond Release on 5.5 acres in the East Pit, <br />comprised of Streeter Ditch and Streeter Pond, as referenced in the SL-23 application and as shown on Figure 1 of <br />this document. The process of releasing the reclamation bond for a coal mine site in Colorado is explained in Rule <br />3.03 and further described in the Division’s 1995 Guideline Regarding Selected Coal Mining Bond Release Issues. <br />The bond release process involves three phases. At Phase I, Rule 3.03.1(2) (a) states, "Up to sixty percent of the <br />applicable bond amount shall be released when the permittee successfully completes backfilling, regrading, and <br />drainage control in accordance with the approved reclamation plan." <br /> <br />Evaluation and inspection of the reclaimed areas was based on the specific requirements of the reclamation plan and <br />the functional requirements of the post-mining land use. Criteria for Phase I bond release includes all or part of the <br />following. <br /> <br />1. Hillslope and drainage channel gradients and general design compliance; <br />2. Performance of the reconstructed topography. Symptoms of failure or instabilities such as slumping or <br />exposed highwalls were examined; <br />3. Hillslope design/function with regard to erosion; <br />4. Swales and depressions with regard to numbers of features and effect on post-mining land use; <br />5. Blending of regraded land to undisturbed areas; <br />6. The functioning of drainages with regard to knickpoints, blending at disturbance boundaries and channel <br />erosion; <br />7. Erosional features; and <br />8. Drainage control for the reclaimed area, including upslope diversions. <br /> <br />Colowyo’s approved reclamation plan was prepared in accordance with Rule 2.05.4. Colowyo was granted a