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Summary and Conclusions <br />Based upon a review of the mine permit, the applicant's bond release application, and site inspections, <br />the Division finds that: <br />reclamation operations alleged complete by the Applicant are complete. <br />the Applicant prepared materials present for a satisfactory seed bed (alternate to topsoil as no topsoil <br />was available) in accordance with the approved reclamation plan. <br />The Applicant has established vegetation which supports the approved post mine land use and meets <br />[he approved.success standazd for vegetative cover. <br />the reclaimed azea subject to this bond release is not contributing suspended solids to streamflow or <br />runoff outside the permit area in excess of premining levels or in excess of adjacent nonmined areas. <br />untreated drainage from the disturbed area does not contribute additional suspended solids above <br />natural conditions, and that the quality of untreated drainage from the disturbed area would meet the <br />State and Federal water quality standazd requirements applicable after the sedimentation ponds and <br />treatment facilities aze removed for receiving streams. <br />there is no undue degree of difficulty to complete remaining reclamation. <br />there is no pollution of surface or subsurface water. <br />there is low probability of future occurrence of such pollution. <br />IV. PROPOSED DECISION <br />Based on the observations and findings above, the Division proposes to approve the March 14, 2001 <br />Phase II Bond Release Application submitted by Eastside Coal Company, Inc. for the Eastside Mine. <br />By the Phase I Bond Release of December 13, 1995, the Applicant was relieved of liability for <br />backfilling, grading, and drainage reestablishment. The original performance bond for the Eastside <br />Mine was $74,280. The Division previously returned $44,568 (Phase I Bond Release). <br />This proposed Phase II bond release decision relieves the Applicant of liability for topsoil <br />redistribution and establishment of vegetation. <br />The Division currently holds a performance bond of $29,712.00, Based on the observations and <br />findings above, the Division proposes to release $18,570. The remaining $11,142 of required surety is <br />sufficient to assure completion of the remaining reclamation work at the site if the work had to be <br />performed by the Division, including the cost of reestablishing vegetation on any revegetated aeeas, <br />should those areas fail. The Division estimates its cost to complete remaining reclamation work at the <br />site to be $10,668. Incidental to the Bond Release, permission is granted to Eastside Coal Company to <br />remove the sediment pond, associated drainage ditch, the cleaz-water interceptor ditch, and to clear <br />the earth dam directing any flows in the reconstructed natural drainage across the reclaimed area to <br />the sedimentation pond. <br />Phase II Bond Release (SL-02), Eastside Coal Mine <br />15 August 2001 <br />Page 9 of 10 Pages <br />