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II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />PHASEI <br />The process of releasing the reclamation liability for a mine site is explained in Rule 3.03 and further <br />described in the Division's 1995 Guideline Regarding Selected Coal Mining Bond Release Issues. Rule <br />3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released when the <br />permittee successfully completes backlilling, regrading, and drainage control in accordance with the <br />approved reclamation plan." <br />PHASE II and III <br />For Phase II bond release, Rule 3.03.1(2)(b) states, "Up to eighty-five percent of the applicable bond <br />amount shall be released upon the establishment of vegetation which supports the approved postmining <br />land use and which meets the approved success standard for cover...based on statistically valid data <br />collected during a single yeaz of the liability period". Rule 3.03.1.3(b) states, "No more than sixty (60) <br />percent of the bond shall be released so long as the lands to which the release would be applicable aze <br />contributing suspended solids to streamflow or runoff outside the permit area in excess of premising <br />levels as determined by baseline data or in excess of levels determined on adjacent nonmined azeas". <br />For Phase III bond release, Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be <br />released when the petmittee has successfully completed all surface coal mining reclamation operations <br />in accordance with this approved reclamation plan, and the final inspection procedures of 3.03.2 have <br />been satisfied. Rule 3.03.1(4) states, "No bond shall be fully released until all reclamation requirements <br />of these Rules and the Act aze full met..." The rule fiuther states, "No acreage shall be released from <br />the permit azea until all surface coal mining and reclamation operations on that acreage have been <br />completed in accordance with the approved reclamation plan " <br />Based on the Division inspections and reviews of available records, the Division finds that WFC has <br />successfully completed all reclamation operations in accordance with the approved reclamation plan and <br />with the Act and Rules. Specific discussion of the operator's compliance with the above referenced <br />regulatory provisions, is included in Section III, Observations and Findings, of this document. <br />Abandonment procedures for coal exploration holes aze given in Attachment 2.05.3(3)-10 of the pernrit <br />application package. The abandonment procedures followed for groundwater monitoring wells was <br />detailed in the bond, release application package in a letter titled Amendment to Bond Release <br />Application for Ground Water Monitoring Wells dated January 31, 2007. <br />Evaluation and inspection of the reclaimed groundwater monitoring well and exploration hole locations <br />was based on the specific requirements of the operation and reclamation plans and Rule 4.07 Sealing of <br />Drilled Holes and Underground Openings. <br />5 <br />