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Proposed Decision and Findings of Compliance <br />Partial Phase I, II and III Bond Release SL-23 Page 6 of 16 <br />variance for contemporaneous reclamation for the East Pit, West Pit and the South Taylor Pit due to the nature of <br />multi-seam mining. Backfilling and rough grading commenced once a steady-state condition was reached in each <br />of the pits. <br /> <br />The approved backfilling and grading plan for the Colowyo Mine is found in Volume 1 (East and West Pit), Volume <br />12 (South Taylor), and Volume 15 (Collom) of the PAP. Maps 19, 19A, 19B-ST and 19C show the approved post- <br />mining topography, Maps 29 and 29-ST, and 29B show the backfilling and grading schedule. The pre-mining and <br />post-mining cross-sections are shown on Maps 20, 20A, 20B, and 20C and the permanent drainage channel profiles <br />are shown on Maps 33, 33A, 33B, and 33C. <br /> <br />The approved drainage reestablishment consisted of the design and construction of permanent post mining drainage <br />channels. The post-mine channel locations are shown on Maps 41A, 41B and 41C of the Colowyo PAP. The <br />Streeter Ditch construction designs can be found in Exhibit 7 of the Colowyo PAP. <br /> <br />PHASE II <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 II, Rule 3.03.1(2) (b) states, "Up to eighty-five percent of <br />the applicable bond amount shall be released upon the establishment of vegetation which supports the approved <br />postmining land use and which meets the approved success stand for cover, pursuant to 4.15.8, meets applicable <br />productivity standards for prime farmlands or alluvial valley floors pursuant to 3.03.1(3)(b), or croplands pursuant <br />to 4.15.9. With the exception of prime farmlands, evaluation of vegetation establishment pursuant to this paragraph <br />is based on statistically valid data collected during a single year of the liability period." In regard to Phase II bond <br />release, Rule 3.03.1(3)(b) also states, “No more than (60) percent of the bond shall be released so long as the lands <br />to which the release would be applicable are contributing suspended solids to streamflow or runoff outside the permit <br />area in excess of premining levels as determined by baseline data or in excess of levels determined on adjacent <br />nonmined areas”. <br /> <br />Although not specifically addressed in Rule 3.03, the Division evaluates topsoil replacement in conformance with <br />Rule 4.06 and permit requirements as a component of Phase II bond release. Evaluation and inspection of the <br />reclaimed areas was based on the specific requirements of the reclamation plan and the functional requirements of <br />the post-mining land use. However, for permanent post-mining channels and ponds, there are no topsoil <br />requirements, and this was not evaluated for Streeter Ditch and Streeter Pond being requested for partial Phase II <br />Bond Release as part of the SL-23 application. Similarly to topsoil, for permanent post-mining channels and ponds, <br />there are no vegetation cover requirements, and this was also not evaluated for the Streeter Ditch and the Streeter <br />Pond. <br /> <br />PHASE III <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 III, Rule 3.03.1(2) (c) states, "The remaining portion of <br />the bond amount shall be released when the permittee has successfully completed all surface coal mining reclamation <br />operations in accordance with the approved reclamation plan, and the final inspection and procedures of 3.03.2 have <br />been satisfied. This shall not be before the expiration of the period specified for revegetation responsibility in <br />3.02.3."