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• When the tubing was removed, two breaks were discovered at roughly 400' depth. <br />The deepest overburden blasted at the mine was 70' deep. <br />• The tubing appeared to have been twisted or sheared, and not fractured as would <br />be expected from blasting. <br />Mr. Eilts was informed, during the inspection, that if the concern is to be addressed, a <br />written complaint must be filed. The DMG and OSM inspectors also informed Mr. Eilts <br />that Sun Coal Company was requesting a complete performance bond liability release, <br />upon approval of which the Division and OSM would no longer have jurisdiction over <br />such issues. Mr. Eilts did not file a written complaint on this matter, and has not <br />objected to this bond release. <br />IL CRITERIA AND SCHEDULE FOR BOND RELEASE <br />Section 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be <br />released when the permittee successfully completes backfilling, regrading, and drainage <br />control in accordance with the approved reclamation plan " <br />Bac~lling and regrading of the pit area were completed in 1983. The Division found <br />that the area approximated original contour and drainage had been reestablished, <br />granting a Phase I bond release for the area on June 12, 1986. <br />Section 3.03.1(2)(6) states, "Up to eighty-five percent of the applicable bond amount shall <br />be released upon the establishment of vegetation which supports the approved postmining <br />land use and which meets the approved success standard for cover... based on statistically <br />valid data collected during a single year of the liability period". In regard to Phase II <br />bond release, Section 3.03.2(3)(6) also states, " No more than sixty (60) percent of the <br />bond shall be released so long as the lands to which the release would be applicable are <br />contributing suspended solids to streamflow or runoff outside the permit area in excess <br />of pre-mining levels as determined by baseline data or in excess of levels determined on <br />adjacent non-mined areas". <br />Section 3.03.1(3)(e) states that "[w]hen the permit includes an alternative postmining land <br />use plan for industrial or commercial, or residential use, approved pursuant to 4.16.3, the <br />Division shall require the maintenance of bond coverage throughout the applicable <br />liability period, sufficient for the Division to achieve compliance with the standards for <br />revegetation applicable to the pre-mining land use under 4.15, in the event the alternative <br />postmining land use is not developed in the event of bond forfeiture:' Section 4.15.10(2) <br />requires that "...for areas to be developed for industrial or commercial, or residential <br />use...the ground cover of living plants shall not be less than required to control erosion. <br />Final bond release shall not occur prior to satisfactory cover establishment." <br />The Eilts pit area reclamation plan requires that it be reclaimed to a recreational and <br />commercial land use, and that vegetation must be adequate to control erosion. The <br />Meadows No. 1 Mine 4 Phase III Bond Releasc <br />