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<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, grading, and drainage control in accordance with the <br />approved reclamation plan." A detailed and updated reclamation plan was approved via Technical <br />Revision No. 7 on February 1, 1995. Both the Twin Pines No. 2 Mine site and the Coal Sales Yard <br />were located on historically mined areas, so specific findings are made with this decision regarding <br />remaining pre-law highwalls at the sites. <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 with supports the approved postmining land use and which meets <br />the approved success standard for cover... based on statistically valid data collected during a single <br />yeaz of the liability period." In regazd to Phase II bond release, Rule 3.03.2(3)(b) also states, "No <br />more than sixty {60) percent of the bond shall be released so long as the lands to which the release <br />would be applicable are contributing suspended solids to streamflow or runoff outside the permit area <br />in excess of premising levels as determined by baseline data or in excess of levels determined on <br />adjacent nontnined areas." <br />Phase III <br />Rule 3.03.1(2)(c) states that the fmal portion of performance bond "shall be released when the <br />permittee has successfully completed all surface coal mining reclamation operations in accordance with <br />the approved reclamation plan, and the final inspection procedures of 3.03.2 have been satisfied. This <br />shall not be before the expiration of the period specified for revegetation responsibility in 3.02.3." <br />Rule 3.03.1(4) states, "No bond shall be fully released until all reclamation requirements of these <br />Rules and the Act are fully met...." The same rule goes on to state, "No acreage shall be released <br />from the permit azea until all surface coal mining and reclamation operations on that acreage have <br />been completed in accordance with the approved reclamation plan." <br />III. OBSERVATIONS AND FINDINGS <br />Phase I <br />Reclamation of the Twin Pines No. 2 Mine site, Coal Sales Yard and exploration drill holes has been <br />completed in compliance with the Act, the Regulations and the approved Permit No. C-83-058. <br />Technical Revision No. 7 specifies the details of the required reclamation plan for the mine and sales <br />yazd. Specific fmdings aze made with this bond release decision regarding pre-law highwalls located <br />at both the mine site and at the Coal Sales Yazd. These fmdings verify compliance with Rule <br />4.14.1(2). Specific site observations of November 21, 1995 and findings are provided as follows. <br />Twin Pines No. 2 Mine Site <br />The Twin Pines No. 2 Mine site has been reclaimed in accordance with the plans provided with <br />Technical Revision No. 7. The plans are detailed in permit pages 86 through 90 and Drawing <br />No. TP-5. All required entry and permit boundary signs are posted as required. All buildings, <br />3 <br />