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2025-09-17_GENERAL DOCUMENTS - C1981008
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2025-09-17_GENERAL DOCUMENTS - C1981008
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Last modified
9/22/2025 10:10:30 AM
Creation date
9/22/2025 10:10:02 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
General Documents
Doc Date
9/17/2025
Doc Name
Proposed Decision and Findings of Compliance
From
DRMS
To
Elk Ridge Mining and Reclamation, LLC
Type & Sequence
SL29
Permit Index Doc Type
Findings
Email Name
CCW
THM
Media Type
D
Archive
No
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SL-29 is GW46 Irrevocable Trust. Jim Guire and Rose Guire represented GW46 Irrevocable Trust at the <br /> 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." With regard to Phase I bond release, groundwater monitoring wells and <br /> exploration wells do not need to meet the requirements for backfilling, grading and reestablishment of <br /> drainage. <br /> Irrigated Pasture No. 10(IP-10)achieved Phase I release under bond releases SL-05(1998),SL-06(1999), <br /> SL-18 (2018), and SL-25 (2023). <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 II 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 pre-mining <br /> levels as determined by baseline data or in excess of levels determined on adjacent nonmined areas".With <br /> regard to Phase II bond release, groundwater monitoring wells and exploration wells do not need to meet <br /> the requirements for establishing vegetation which supports the approved postmining land use and which <br /> meets the approved success standard for cover. <br /> IP-10 achieved Phase H release under SL-25 in 2023. <br /> PHASE III <br /> Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be released when the <br /> permittee has successfully completed all surface coal mining reclamation operations in accordance with <br /> this approved reclamation plan, and the final inspection procedures of 3.03.2 have been satisfied. This <br /> shall 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 <br /> the Act are fully met". The same rule goes on to state, " No acreage shall be released from the permit <br /> area until all surface coal mining and reclamation operations on that acreage have been completed in <br /> accordance with the approved reclamation plan." <br /> The operator has requested 2.9 acres for Phase III bond release. The New Horizon Mine reclamation <br /> plan for Irrigated pasture calls for: Revegetation will be deemed adequate if vegetation cover and <br /> herbaceous production at the reclaimed site is at least 90% of the vegetative cover at the reference area <br /> C-1981-008 SL-29 Page 6 of 10 <br />
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