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~~ CMLRD called the Wyoming Fuel submittal on bond release complete on May 3, 1990. Following three bond release inspections on June 20, 1990, August 7, 1990 and September 5, 1990, the Division proposed a decision to release all Phase II monies on the entire site on October 5, 1990. This decision was based on demonstrations that topsoil had been replaced in accordance with the reclamation plan, modeling which showed the site was producing fewer suspended solids than pre-mine conditions, a field evaluation of erosional stability and on assessment that vegetative cover was sufficient to stablize the soil. the Albuquerque Field Office of the Office of Surface Mining (OSM-AFO) did not concur with the Division's decision due to the fact that Parcel 2 did not have 907. cover with 90% Statistical accuracy, and because the acreage of ponds which were permitted as temporary impoundments were included in the bond release. The Division tried to modify OSM-AFO's position in letters dated November 15, 1990 and January 7, 1991. OSM-AFO upheld their non-concurrence on December 21, 1990 and January 29, 1991. The Division made a decision to modify the original bond release decision on April 8, 1991. The operator was processing a revision to make two of the ponds permanent (TR-06>, and the Division chose to delay re-issuance of the bond release decision until that revision decision was issued. A revised bond release decision was issued August 1, 1991. The revised decision denied release on Parcel 2 due to its failure to achieve the cover standard; however, release of Parcel 1 was granted. The operator objected to the decision and requested an Adjudicatory Hearing September 4, 1991. The staff recommends that the Board uphold the August, 1991, decision to release Phase II bond on Parcel 1, the 22.9 acres reclaimed between 1979 and 1981, and to deny Phase II bond release on Parcel 2, the area reclaimed during 1987. CWB/eke 8575E 10/4/91