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required topsoil replacement depth is 6-9". The landowner has requested that there be no requirement to reestablish woody plants. The Division has determined that the minimum topsoil replacement depth has been met, and vegetation is adequate to control erosion. Section 3.03.1(3)(c) further states that more than sixty percent of the bond may be released, where a silt dam is to be retained as a permanent impoundment, only so long as provisions for sound future maintenance by the permittee or the landowner have been made with the Division. The three sedimentation ponds (Explosives Storage Area, Lower Impoundment, and Upper Impoundment) have been approved for permanent retention, in accordance with Section 4.05.9(1), and Mr. Eilts has stated that he will assume responsibility for future maintenance. Section 3.03.1(2)(c) states that the final portion of performance bond, "shall be released when the permittee has successfully completed all surface coal mining reclamation operations in accordance with this approved reclamation plan, and the final inspection procedures of 3.03.2 have been satisfied. This shall not be before the expiration of the period specified for revegetation responsibility in 3.02.3:' Section 3.03.1(4) states, " No bond shall be fully released until all reclamation requirements of these Rules and the Act are fully met..:'. The rule further states, " No acreage shall be released from the permit area until all surface coal mining and reclamation operations on that acreage have been completed in accordance with the approved reclamation plan:' There is no specified liability period for revegetation responsibility on the pit area owned by the Eiltses, since an alternative post-mining land use (commercial and recreational) has been approved for the site. Based on Division inspections and reviews of monitoring data, the Division finds that Sun Coal Company has successfully completed all reclamation operations in accordance with the approved reclamation plan and with the Act and Rules. The reclaimed area is stable and vegetated, and pollution of surface or ground water is not occurring and is not expected to occur. III. OBSERVATIONS AND FINDINGS Backfls ling and Cradi~g The Division found, at the time of Phase I bond release in 1986, that the pit area had been regraded to approximate original contour, that all highwalls had been eliminated, and the area was in a stable configuration. Division observations since then indicate the area remains stable. Toosoil Replacement Deoth The approved Meadows No. 1 Mine permit application package requires that a minimum Meadows No. 1 Mine 5 Phase nl Bond Releau