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<br />the settleable solids limitation of .5 ml./l. Field observations have <br />not revealed any sediment control problems at the site. <br />In front of the partially backfilled highwall is a ten foot wide <br />terrace with a minimum one foot high berm on the outer edge of the <br />terrace. The function of the terrace is to prevent rockfall from <br />reaching the adjoining county road. The function of the outside berm <br />is to retain rockfall and to keep water on the terrace. This protects <br />the steep outslope of the portal bench and keeps moisture on the <br />terrace for the benefit of revegetation efforts. <br />The final reclamation plan calls for the reclamation of ditch D-12, <br />the county road Swale and culvert C-4. All other ditches and culverts <br />will remain. These remaining ditches and culverts will be needed after <br />final reclamation for the proper drainage associated with the county <br />road and the private road above the minesite. The final reclamation <br />plan also calls for the yard area to remain as it is now, except for <br />the removal of the east yard berm, the transfer of that material to <br />the access road, the breaching of the pond embankment down to the <br />elevation of the yard area and the filling in of the pond up to the <br />elevation of the yard. At the landowner's request, the rest of the <br />pond embankment will remain. <br />The only constructed permanent drainage channel in place is at the <br />former office area. This permanent drainage channel was designed and <br />constructed for a 100 year-24 hour storm event. It has been armored <br />with a geo-textile material anchored into the slope. The slope is, <br />approximately, 2H:1V. This constructed permanent drainage is <br />consistent with the pre-mining drainage characteristics. <br />Summary and Conclusions <br />Based upon a review of the mine permit, the applicant's bond release <br />application, and site inspections, the Division finds that Sunland <br />Mining Corporation has completed backfilling, grading and drainage <br />reestablishment at the Apex No. 2 Mine in accordance with the approved <br />reclamation plan._. _ <br />IV. PROPOSED DECISION <br />Based on the observations above, the Division proposes to approve <br />Sunland Mining Corporation's request for a Phase One bond release for <br />the Apex No. 2 Mine. This proposed decision will release the <br />applicant from liability for backfilling and grading and drainage <br />reestablishment at the portal area, the former office area, the former <br />