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' Current estimate of cost to accomplish remaining reclamation work (see Division Cost Estimate, <br />July 17, 2001). This is a minimum bond requirement [Rule 3.03.1(3)(d)] at this phase of reclamation. <br />b Existing bond coverage was first quoted as $24,280 in the application. The actual current bond <br />coverage is $29,712 <br />II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />Phase I <br />Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released when <br />the permittee successfully completes backfilling, regrading, and drainage control in accordance with <br />the approved reclamation plan." The site was graded with on-site materials to the approved <br />postmining topography (PAP page 91) and was completed by 08/29/95 (Division inspection report of <br />08/29/95). Drainage control had been accomplished by 11/15/95 (Division inspection report of <br />] ]/15/95). A Phase I Bond release for these accomplishments (and for demolition) was approved <br />December 13, 1995. <br />Phase II <br />Rule 3.03.1(2)(b) states, "Up to eighty-five percent of the applicable bond amount shall be released <br />upon the establishment of vegetation which supports the approved postmining ]and use and which <br />meets the approved success standard for cover based on statistically valid data collected during a <br />single yeaz of the liability period". In regard to Phase II bond release, Rule 3.03.2(3)(b) also states, <br />"No more than sixty (60) percent of the bond shall be released so long as the lands to which the <br />release would be applicable are contributing suspended solids to streamflow or runoff outside the <br />permit azea in excess of premining levels as determined by baseline data or in excess of levels <br />determined on adjacent nonmined azeas". <br />Placement of topsoil is considered an element of establishment of vegetation. Coal mining had <br />occurred periodically in the area since the late 1800's. Information in the PAP documents that the <br />surface azeas occupied by operations of the approved permit were disturbed by mining operations <br />prior to August 3, 1977 (pre-law mining operations) [Permit Application Package (PAP) pages 19, <br />21, and 77, and Map HGP-7]. There was no salvaged topsoil available for reclamation of the site. <br />Spreading of topsoil is not a criteria. <br />The seed mix and seeding rate utilized on the Eastside Mine reclaimed area is described in Table 17 <br />of the PAP. The approved success standazd for cover is 35% (PAP page 91). Productivity is not a <br />requirement for reclamation success at the Eastside mine. A vegetative diversity standard is not <br />required on the Eastside Mine since the mine was located on a previously disturbed area (Rule <br />4.15.8(1)(b) and Rule 4.15.10(1)). <br />Pre-mining land use in the Eastside mine azea was mining and undeveloped land. Rule 3.03.1(2)(b) <br />requires the establishment of vegetation that supports the post-mining land use. The approved <br />Phase II Bond Release (SL-02), Eastside Coal Mine <br />15 August 2001 <br />Page 5 of 10 Pages <br />