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r i <br />-3- <br />Findings of the <br />Division of Minerals and Geology <br />for the <br />Rimrock Strip Mine, Permit No. C-89-074 <br />Phase I Bond Release Application <br />I <br />II <br />Procedures for Seeking Release of Performance Bond (Rule 3.03.2) <br />The Division finds that., based on the review process history, the requirements <br />for seeking release of performance bonds as set forth in Rule 3.03.2 have been <br />met. Copies of written notices as required by Rule 3.03.2(1)(a> have been <br />submitted to the Division. Proof of publication in accordance with <br />Rule 3.03.2(10)(b> has also been submitted. The current landowner, <br />Mrs. Gloria Davis, was notified of the bond release inspection. A site <br />inspection was held in accordance with Rule 3.03.2(2). <br />Criteria and Schedule for Release of Performance Bonds (Rule 3.03.1) <br />Phase I - Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond <br />amount shall be released when the permittee successfully completes backfilling, <br />regrading, and drainage control in accordance with the approved reclamation <br />plan". <br />The operator has supplied a certified map, Exhibit KK, final Topography of <br />Permit Area that shows that the disturbed areas a~ETie pit have been backfilled <br />and regraded in accordance with the approved reclamation plan. The approved <br />plan calls for reclaimed slopes to be no steeper than 4H:1V. Field <br />investigations by the Division have verified that reclaimed slope gradients for <br />the pit area range from 4.7H:l.OV to 6.3H:l.OV with the average of the slope <br />gradients being 5.4H:1.OV. The regraded slopes have not exhibited any evidence <br />of geotechnical instability. The topsoil stockpile area has been regraded and <br />covered with mulch. The oil tank containment area remains unreciaimed as of the <br />site inspection by Division personnel on December 13, 1993. A small subsidence <br />depression also remains unreciaimed on the east side of the permit area. This <br />subsidence pit is approximately 8 feet deep and 20 feet in diameter, and has <br />resulted from pre-law underground mining operations that occurred previous to <br />the issuance of this permit. This subsidence feature is located within the area <br />originally scheduled to be disturbed during the second phase of the mining <br />operation plan. Mining operations never advanced beyond the first phase, as <br />such, this subsidence feature lies beyond the area actually disturbed by Rimrock <br />Coal Company operations. <br />The permit calls for reclamation of all subsidence features within 250 feet of <br />the pit boundary. The Division therefore finds that with the exception of the <br />oil tank containment area and the pre-permit subsidence feature, the operator <br />has backfilled all required disturbed areas, to ensure stability and to <br />eliminate all spoil piles, highwalls, and depressions in accordance with <br />Rule 4.14.1(2). Backfilled material has been placed to minimize adverse effects <br />on ground water as required by Rule 4.14.1(2)(b>. The Division also finds that <br />the regraded areas, with the exception of the oil tank containment area and <br />pre-permit subsidence feature, meet the approximate original contour <br />requirements of Rules 4.14.1(2>(a) and 4.14.2(1). <br />