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November 2005 Hayden Gulch Mine * Final Bond Release Application Page 13 January 21, 1988; a copy of this letter is presented in Exhibit 5, Topsoil Information, of the Hayden Gulch Mine Permit C-80-003, Phase II/Phase III Bond Release Application, February ]998 (TerraMatrix, 1998). 6. Demonstration of Yields from Prime Farmlands: • Not applicable -the Hayden Gulch Mine did not disturb any prime farmland. 7. Documentation of Total Suspended Solids (7'SS) Conditions: • Not applicable -HGTI is not required to measure TSS concentrations in hydrologic resources at the Hayden Gulch Mine. CDMG approved the cessation of hydrologic monitoring requirements for the Hayden Gulch Mine in June 1999 (see Appendix E, Cessation of A'ater Monitoring Program). Based upon CDMG's approval to cease hydrologic monitoring activities, H-G Coal Company (the previous owner and operator) requested termination of the Colorado Dischazge Permit System permit with Colorado Water Quality Control Division (WQCD) in September 1999. The WQCD approved the termination request in October 1999. A copy of this approval is also presented in Appendix E. 8.Documentation that Permanent Impoundments Meet the Applicable Criteria of Rules 4.05.6 and 4.05.9: • Not applicable - In August 1999, CDMG determined that as a result of the partial Phase IUPhase III bond release it no longer had any jurisdiction of either permanent impoundment at the Hayden Gulch Mine (see Appendix F, Regulatory Status of Ponds 003 and HG-8). 4.0 REQUIREMENTS OF PHASE IH BOND RELEASE The following information is submitted to meet the requirements for Phase III bond release on the ' four parcels. In order to meet the requirements of Rule 4.15.7(5), that "...revegetation success criteria...shall be met for at least the last two yeazs of this period of responsibility.", ESCO Associates, on behalf of HGTI conducted final bond release vegetation sampling during August ' 2004 and August 2005. The results of the vegetation sampling aze presented in Appendix A. As discussed in Section 1.0, CDMG currently holds a corporate surety bond for $27,437.27. The current outstanding bond liability for the Hayden Gulch Mine is $27,437.27. Section 3.Q Reguirements for Phase II Bond Release, documented HGTI's successful demonstration that it has met the requirements for final Phase II bond release. Following is specific information required for the Phase III Bond Release as outlined in the Bond Release Guideline: 1. Documentation that the Ten-Year Minimum Period of Responsibility Has Been Satisfied: • Reclamation and revegetation efforts at the Hayden Gulch Mine were generally completed in 1987. Consequently, the disturbance area was eligible for bond release in 1997 with the exception of those areas (the highwal] slump and three shrub augmentation parcels) that were required to have an extended liability period as a result of additional disturbance and subsequent revegetation activities.