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.: iii iiiiuiuiiu iii STATE OF (..~~,vnr-',,J~ MINED LAND RECLAMATION DIVISION Department of Natural Resources 1313 Sherman St., Room 215 Denver, CO 80203 303 866-3567 Fa%:303 832-8106 pF COO ~~~ q> he ~.Q~~~y~D ~r _"b" +. r816 ~ EXECUTIVE SUMMARY Roy ROmer, Governor Fretl R. Banta. WYOMING FUEL COMPANY ADJUDICATORY HEARING D~vislon Director ON PHASE II BOND RELEASE DECISION FILE N0. C-81-026 SLURCO (aka Wyoming Fuels) has requested an Adjudicatory Hearing to review the Division's Phase II bond release decision. This decision granted release on only a portion of the reclaimed disturbance at the Canadian Strip Mine. CMLRD Regulations call for the release of bond on coal sites to occur in three phases. Phase I release allows for the release of up to 607 of the bond for achievement of approximate original contour (AOC) through backfilling and grading. Phase II release allows for the release of up to 857, of the bond for replacement of topsoil, for successful establishment of revegetation in accordance with the reclamation plan, and upon demonstration that the site is contributing suspended solids to streamflow or runoff outside the permit area in amounts less than or equal to levels found pre-mining. Phase III Bond release is granted for achievement of revegetative success standards and any other reclamation performance standards within the reclamation plan. Phase II Bond Release is prescribed by Rules 3.03.1(2)(b) and 3.03.1(3)(b>. The Division has interpreted those rules in a Coal Handbook Memorandum entitled "Bond Release on Permanent Program Areas." This document is sent to operators contemplating the preparation of bond release submittals and is used as an outline of Division policy by the staff. The Handbook Memorandum defines the successful establishment of vegetation for Phase II bond release, as achievement of vegetative cover which is at least 907 of the cover measured at an approved reference area. All cover measurements must achieve 907, statistical confidence. This cover standard is taken from the revegetation success regulation on cover, Rule 4.15.8(3>(a). Satisfaction of the cover standard was chosen by the Division as a quantitative measure of successful revegetation establishment, which is also directly linked to stabilization of the soil surface to achieve erosion control. This standard is also supported by Office of Surface Mining (OSM) policy. There are two reclaimed parcels at Canadian Strip. Parcel 1 contains Areas I, II and III and was reclaimed between 1979 and 1981. Parcel 2 contains Area IV which was reclaimed in 1987. Topsoil was replaced in accordance with the reclamation plan on both parcels. Modeling suggests that both parcels are contributing suspended solids to streamflow or runoff outside the permit area at levels equal to or less than levels found in non-mined areas. In 1991, sampling by the Division showed that Parcel 1 had 967 vegetative cover, relative to the reference area, at 907< statistical accuracy. Coincident sampling of Parcel 2 showed 807 vegetative cover at 907. statistical accuracy.