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5 <br />County Department of Health also asked that perimeter surface runoff ditches and the sedimentation <br />pond be retained as permanent features of the area. CEC has submitted to tle Division an application <br />for a technical revision to retain the structures (letter, June 15, 1998). The Hazardous Materials and <br />Waste Management Division, Colorado Department of Public Health and Environment, commented <br />by letter of June 23, 1998. They requested that the Division obtain their concurrence prior to release <br />of the financial assurance instrument. Closure with Weld County and the Colorado Department of <br />Public Health and Environment will be obtained by providing copies of the proposed decisim and this <br />findings. Their concurrences will be obtained prior to approval of the proposed bond release. No <br />other comments, written objections, or requests for an informal conference regarding the Application <br />were received by the Division. <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 relea~d when the <br />permittee successfully completes backfilling, regrading, and drainage control in accordance with the <br />approved reclamation plan." <br />Due to the approved partial backfilling of Pits A and B with flyash, some postmining drainage <br />topography has been previously permitted to deviate from premising topography. The approved <br />postmining topography is consistent with regional topography and within general performance <br />standards from premising topography. Runoff from the reclaimed portions of the pits flows away fran <br />the pits. Final contours are sloped to limit the subsurface infiltration of runoff that could lead to <br />moisture saturation within the pits and of their contents. During reclamation, allrunoff is directed into <br />a sediment control pond. (A previously-approved excavated pond is located upstream, asd on a <br />contributory branch, of the sediment control pond.) <br />Phase II <br />Rule 3.03.1(2)(b) states in part "Up to eighty-five percent of the applicable bond amount shall be <br />released upon the establishment of vegetation which supports the approved postmining land use and <br />which meets the approved success standard for cover... based on statistically validdata collected during <br />a single year of the liability period". <br />Rule 3.03.1(3)(b) states "No more than sixty (60) percent of the bond shall be released so long as the <br />lands to which the release would be applicable are contributing suspended solids to streamflow or <br />runoff outside the permit area in excess of premising levels as determined by baseline data or in excess <br />of levels determined on adjacent non-mined areas". <br />Phase III <br />11 August 98 <br />