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A. Rule 3.03.1(2)(a) Sixty Percent Bond Release Up to sixty percent of the applicable bond amount shall be released when the permittee successfully completes backfilling, regrading, and drainage control in accordance with the approved reclamation plan. 1. Backfilling, Grading and Drainage The approved post-mining topography of the reclamation plan is depicted in Drawing 19, Post Mine Topo, last revision number TR 42, dated 4/14/97. The actual reclaimed topography of areas of the Application is depicted on Exhibit 1, 1997 Bond Release Application, dated 3/2/98 (Exhibit 1, first dated 8/5/97, was revised three times by Colowyo in response to Division review comments). The accuracy of Exhibit 1 with regard to areal extent was checked by Global Positioning System surveys conducted by the Division on November 20, December 17, and December 18, 1997. Topography was checked by total station traverse surveys on December 17 and 18, 1997. These surveys found Exhibit 1 to be reasonably accurate, within the tolerances of the materials, equipment and procedures performed. Elevations are estimated to be within 25 feet of those shown on Drawing 19, and horizontal locations likely within 100 feet of those shown. This degree of correlation is acceptable, considering the approved land use, the vastness of the areas, and the significant relief over the site. The backfilling and grading was found to support the post-mining . land use of grazing. The information of Exhibit 1 (second edition, certified by a professional engineer on October 29, 1997) was evaluated against the approved post-mining topography of Drawing Number 19. With the exception of approximately 39 acres of the northern part of the Section 16 Pit reclamation, the as-built topography as depicted on Exhibit 1 conformed acceptably to the approved post-mining topography of Drawing Number 19 (horizontal variations of contours up to 100 feet). The 39-acre area is located in the NWl/< corner of Section 15 and NEI/4 of Section 16, bound by state plane coordinates N335000 to N336500E and E1351000 to E135700. Significant differences in elevations, changes in land forms, and changes in drainage characteristics were brought to the attention of the Applicant by a Division adequacy letter of January 30, 1997 (Re: Colowyo Coal Company 1997 Phase I Bond Release, C-81-019, Technical Adequacy). The Applicant responded to the adequacy questions and modified the Application with a revised Exhibit 1 (Revision Number 1, dated 2/10/98) under a letter of February 16, 1998, Re: Application For Phase I Bond Release on 1987- 1995 Reclaimed Areas Colowyo Coal Company, L.P. (C-81-019) Response to CDMG Technical Adequacy Letter of January 30, 1998. The area of non-conformity is an area that the Operator intends to re-disturb with the advance of the East Pit, in conjunction with the extraction of deeper coal seams, and its inclusion in the release Application was in error. Upon reclamation of the East Pit, this region will be backfilled and graded to the approved topography of Drawing Number 19. Identification of errors in Table 1 of the February 16, 1998, letter, and omission of information on • 18 April 27, 1998