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Phase I Bond Release 3 Marr Strip Mine 720 Pit Area C-80-006 Drainage control, for the 720 Pit area, has been accomplished in compliance with the approved plan. The permanent drainage channels, PD-1 and PD-2 have been established and appear stable and well maintained. The sediment pond associated with the 720 Pit area, Pond A, is operating as designed. Contour furrows have been constructed across the reclaimed slopes. Topsoil has been redistributed throughout the 720 Pit area. Live mulch has been established on the 720 Pit reclaimed areas. The contour furrows and live mulch will intercept overland flow and reduce erosion. Additional refinement and maintenance of these drainage control structures may be required until reclamation vegetation becomes sufficiently established to control erosion. As required by Rule 3.03.2(2), the DMG has made a negative determination that water pollution is occurring. The DMG bases this finding on Kerr Coal Company's proper implementation of designs, maintenance, and monitoring as approved in the permit application. All ponds are designed, at a minimum, to contain and treat surface runoff from a 10-year, 24-hour precipitation event. All runoff from disturbed areas pass through these treatment systems. Past NPDES monitoring demonstrated compliance with applicable effluent limitations. There is no toxic overburden to cause water pollution. Prior to backfilling the 720 Pit, pit water was discharged under an industrial discharge permit. The pit water was a mixture of surface runoff and groundwater that had been in contact with spoils for many years. Bio-monitoring of the discharged pit water met NPDES water quality standards. To date, monitoring has not indicated pollution of groundwater or surface water. The DMG finds that the operator has backfilled the 720 Pit to ensure stability and to eliminate all spoil piles, highwalls, and depressions in accordance with Rule 4.14.1(2). Backfilled material has been placed to minimize adverse effects on ground water as required by Rule 4.14.1(2)(b). The DMG also finds that the 720 Pit area has been regraded to satisfy the approximate original contour requirements of Rules 4.14.1(2)(a) and 4.14.2(1). Based on the above findings and observations, the DMG finds that the Marr Strip Mine is eligible for a Phase I release of the bond applicable to the 720 Pit area, for successful completion of backfilling, regrading and drainage control of the 720 Pit area.