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,. t~h~. Jeff Deckler October 21, 1985 Page 2 shall be based on the costs of reclamation activities including, but not limited to, replacement of topsoil, seeding, irrigating, and fertilizing; aryl (c) The remaining portion of the bond amount shall be released when the perarittee has successfully completed all surface coal minim zeclamation operations in accorr3~rice with his approved reclamation plan, arnl the final inspection and prrocedures of 3.03.2 have been satisfied. This shall not be before the expiration of the period specified for revegetation responsibi 1 i ty in 3.02.3. All reclamation operations specified in 3.03.1(2) (a) and (b) have been completed for both the backfilled area aryl the haul road. The backfilled area and the haul road will be further discussed separately. BACKFIr.r•an AREA At this time, the disturbed mine permit area has been backfilled and regraded with drainage sediment control structures in place. Also, the topsoil has been redistributed and the area has been seeded, mulched, aryl fertilized. No suplemental irrigatiar was necessary. Additionally, rill and gullies that developed during 1985 have been repaired, reseeded, mulched and fertilized. The results of each of these operations was inspected by the Division for their compliance with the approved reclamation plan. All of this having been accomplished, the only remaining work to be potentially performed an the backfilled area corr;ists of: (1) sediment pond removal, (2) additional rill and gully repair and (3) revegetatian of failed areas (for worst case assume 307K failure). The amount of work remaining is important because rule 3.03.1(2)(b) which outlines Phase II bond release, indicates that "...such release shall be based on the costs of reclamation activities ..." Also rule 3.03.1 (3)(a) and (d) state: 3.03.1(3) (a) When determining the amount of bond to be released, the Board or Division shall retain that amount of bond for the