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1/2 NW1/2, Section 18, T32S, R63W of the 6~h P.M. The pre-mining and post- <br />mining land use for both loadouts is industrial. SL-04 was approved for a Phase <br />I/I I/III bond release for the two loadouts effective about February 28, 1996. The <br />amount of bond released by this permitting action was $8,963.00. (ref. Proposed <br />Decision, Phase 1, ll, and 111 Bond Release for the Santa Fe Loadouts No. 1 and <br />2, Raton Creek Mine, #C-82-055, January 12, 1996) <br />IV. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />The Division currently holds a total of $57,444.00 in corporate surety bonds; <br />Bond number 13-20-17 for $56,137.00 and bond number 13-20-18 for <br />$1,307.00, both issued by National Union Fire Insurance Company. <br />PHASEI <br />Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall <br />be released when the permittee successfully completes backfilling, regrading, and <br />drainage control in accordance with the approved reclamation plan." With regard <br />to Phase I bond release, the approved reclamation plan for the Raton Creek Mines <br />calls for structure demolition (excepting permanently approved structures) <br />elimination of the highwalls by backfilling and regrading, and establishment of <br />permanent drainage controls. Four feet of cover was applied to the refuse pile <br />prior to topsoil replacement. Previously approved bond release requests, Surety <br />Release No. 2 (SL-02) and Surety Release No. 3 (SL-03), approved a Phase I <br />bond release for all areas disturbed and facilities constructed by EFMC except the <br />water tank, prep plant and two concrete pads, ditches PM-2, 3, 4, and 5, ditches <br />WDD 3 and 4, and the sediment pond. Results of the Phase I bond release <br />findings for all areas previously approved can be found in the respective written <br />findings. <br />PHASE II <br />Rule 3.03.1(2)(b) states, "Up to eighty-five percent of the applicable bond amount <br />shall be released upon the establishment of vegetation which supports the <br />approved post-mining land use and which meets the approved success standard <br />for cover... based on statistically valid data collected during a single year of the <br />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 <br />to which the release would be applicable are contributing suspended solids to <br />stream flow or runoff outside the permit area in excess of premining levels as <br />determined by baseline data or in excess of levels determined on adjacent non- <br />mined areas". With regard to Phase II bond release, the approved reclamation <br />plan calls for topsoil to be replaced to a depth of 4.5 inches. Since the operation <br />was disturbed pre-law, adequate stockpiles of topsoil were not available to cover <br />all disturbed areas to a depth of 4.5 inches. All reclaimed areas received 4.5 <br />inches of topsoil except 17.3 acres of the refuse highwall area. Therefore, a plan to <br />apply a soil substitute material over 17.3 acres, mainly on the refuse highwall, was <br />