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GENERAL36825
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Last modified
8/24/2016 7:57:12 PM
Creation date
11/23/2007 8:53:24 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981034
IBM Index Class Name
General Documents
Doc Date
6/16/1999
Doc Name
PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR SL2
From
Full Phase II & III
Permit Index Doc Type
Findings
Media Type
D
Archive
No
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6 <br />For Phase II bond release, Rule 3.03.1(2)(6) states, "Up to eighty-five percent of the applicable bond <br />amount shall 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 valid data <br />collected during a single year of the liability period". Rule 3.03.1(3)(6) states, " No more than sixty <br />(60) percent of the bond shall be released so long as the lands to which the release would be applicable <br />are contributing suspended solids to streamflow or runoff outside the permit area in excess of <br />premining levels as determined by baseline data or in excess of levels determined on adjacent nonmined <br />areas". 3.03.1(3)(6) also requires the reestablishment of essential hydrologic functions and agricultural <br />productivity of affected alluvial valley floors. <br />Rule 3.03.1(3)(c) states, "Where a silt dam is to be retained as a permanent impoundment as described <br />in 4.05.6 or 4.05.9, more than sixty (60) percent of the bond may be released only so long as <br />provisions for sound future maintenance by the permittee or the landowner have been made with the <br />Division." <br />For Phase III bond release, Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall <br />be released when the permittee has successfully completed all surface coal mining reclamation <br />operations in accordance with this approved reclamation plan, and the final inspection procedures of <br />3.03.2 have been satisfied. This shall not be before the expiration of the period specified fot <br />revegetation responsibility in 3.02.3." Rule 3.03.i(4) states, " No bond shall be ful!y released until <br />all reclamation requirements of these Rules and the Act are fully met..." The rule further states, " <br />No acreage shall be released from the permit area until all surface coal mining and reclamation <br />operations on that acreage have been completed in accordance with the approved reclamation plan." <br />Based on Division inspections and reviews of monitoring data, the Division finds that MINREC, INC., <br />has successfully completed all reclamation operations in accordance with the approved reclamation plan <br />and with the Act and Rules. The reclaimed area is stable and vegetated, and pollution of surface or <br />ground water is not occurring and is not expected to occur. <br />Specific discussion of the operator's compliance with the above referenced regulatory provisions, <br />including compliance with backfilling and grading, drainage control and reestablishment, topsoil <br />replacement, revegetation success, suspended solids demonstration, removal of drainage control <br />structures and maintenance of permanent impoundments, post-mine land use, protection of hydrologic <br />balance and subsidence material damage requirements, is included in Section III, Observations and <br />Findings, of this document. <br />III. OBSERVATIONS AND FINDINGS <br />Backfilling and Grading <br />The Division found, at the time of Phase I bond release in 1989, that the underground waste disposal <br />
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