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and amend the referenced notation on the map as appropriate. In addition, please provide an amended construction certification for the permanent channel, which specifically addresses the adequacy of the channel to pass the design flow with required freeboard, without reliance on berms. The amended permit map and construction certification will need to be provided prior to issuance of a proposed decision on the Phase 1 bond release application. 4. Rule 4.10.2(2) requires P.E. inspection and certification of coal mine waste banks at least quarterly throughout the period of construction. The rule allows for the inspections to be terminated upon completion of final grading, cover soiling and revegetation, unless the Division requires a longer period of time for such inspections. CRDA-1 and RSRDA refuse areas have not been fully reclaimed, and as such the inspections cannot be terminated at this time. CRDA-2 has now been final graded, cover soiled and revegetated, and as such termination of quarterly P.E. inspection and certification may be appropriate. Prior to authorizing termination of the quarterly P.E. inspection and certification for CRDA-2, the Division requests that a designated Final P.E Certification be provided. The final report would need to certify that all aspects of construction and reclamation were conducted in accordance with the approved plans and applicable regulations, and that there are no indicators of potential failure or other potential hazards to human life or property. Upon review of the final certification, the Division will either authorize termination of P.E. inspections, or require continued inspections if warranted. The bond release application notes in various sections that final reclamation including topsoil replacement has been completed in a number of locations, and the cost estimate comparison in Tab 3 of the application implies that costs associated with topsoil replacement should be deleted from the liability amount in conjunction with the Phase 1 bond release. Although it is true that topsoiling has been completed in various locations, the adequacy of topsoil replacement is not a component of the Phase 1 bond release evaluation, and bond liability associated with topsoil replacement cannot be released in a Phase 1 bond release. Topsoil replacement is evaluated and monetary release associated with topsoiling can be granted by Phase II bond release, upon demonstration of adequate vegetation establishment. Refer to Rules 3.03.1(2)(a) and Ib), and discussion of Phase I and . Phase II bond release in the Division's 1995 Guide/ine Regarding Se/acted Coa/ Mine Bond Release Issues. In the cost estimate to be prepared by DMG for the Phase 1 bond release, no liability will be released for topsoil replacement (although release will be granted for the non- toxic cover or subsoil replaced beneath the 6" top-dressing layer at the refuse areasl. 6. Certain other aspects of the Division's anticipated bond release decision may warrant some explanation. In certain facility areas, it is probable that our decision will reflect a limited, or partial Phase 1 release. One example would be the overland conveyor corridor, where facilities have been removed but backfilling and grading has not been completed. Similarly, at the South Portal Area, certain facilities have been demolished and removed (most of the preparation plant buildings and structures) but other facilities remain, and backfilling and grading has not been completed. The South Portals concrete seals have been installed, but the portal openings have not been backfilled outby the seals, and the portal vicinity has not been backfilled and graded. In these cases, liability release would be granted and 3