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provided his written consent, on August 23, 1995, for bond release of the facilities area. <br />Nonetheless, the Division did follow up with a letter, on November 14, 1995, to be <br />certain that Mr. Eilts has no objections to the release. In a November 21, 1995 telephone <br />call to the Division, Mr. Eilts indicated he had no objections to the release. He had no <br />other comments following the inspection. <br />II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />Rule 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 />Rule 3.03.1(2)(b) 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, Rule 3.03.2(3)(b) also states, " No more than sixty (60) percent of the bond <br />shall be released so long as the lands to which the release would be applicable aze <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 />Rule 3.03.1(3)(c) further states that more than sixty percent of the bond may be released, <br />where a silt dam is to be retained as a permanent impoundment, only so long as <br />provisions for sound future maintenance by the permittee or the landowner have been <br />made with the Division. <br />Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be released <br />when the permittee has successfully completed all surface coal mining reclamation <br />operations in accordance with this approved reclamation plan, and the final inspection <br />procedures of 3.03.2 have been satisfied. This shall not be before the expiration of the <br />period specified for revegetation responsibility in 3.02.3." Rule 3.03.1(4) states, " No bond <br />shall be fully released until all reclamation requirements of these Rules and the Act aze <br />fully met..:'. The same rule goes on to state, " No acreage shall be released from the <br />permit area until all surface coal mining and reclamation operations on that acreage have <br />been completed in accordance with the approved reclamation plan." <br />Rule 4.15.10(3) allows the Division to waive revegetation requirements for mine support <br />facilities located within azeas where the pre-mining land use was industrial or <br />commercial, and the approved post-mining land use is industrial or commercial, provided <br />the Division determines that revegetation is not necessary to control erosion. <br />The Meadows No. 1 Mine facilities area reclamation plan calls for its return to an <br />industrial land use. The landowner has requested that all facilities and adjacent disturbed <br />Mcadows No. 1 Mine 4 Phase 111 Bond Rclcau <br />