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accordance with the approved permit, and all such structures appeared to be propedy maintained and <br />functional at the time of the bond release inspection. <br />Disturbance associated with roads and diversion ditches is specifically exempted from the settleable <br />solids sedimentation limits of the regulations. Disturbed areas upslope to the northeast of the riprapped <br />diversion channel above CRDA-2, including cut slopes immediately above the new riprapped channel and <br />disturbance associated with the reclaimed former upland diversion, are considered by the Division to be <br />diversion related disturbance. As such, these areas are not subject to the settleable solids sedimentation <br />limits of the regulations. <br />Adequate bond will be retained for each location where temporary sedimentation control measures are in <br />place, to ensure that sufficient funds will be available to eliminate the structures when appropriate, in the <br />event of bond forfeiture. The cost estimate prepared by the Division associated with the bond release <br />evaluation includes appropriate cost items to cover this requirement. <br />Topsoil Replacement <br />The operator requested in the bond release application that liability release be approved for topsoil <br />replacement in various locations. The Division's proposed decision does not grant any liability release for <br />topsoil replacement, and the full cost for all required topsoil replacement is retained in the reclamation <br />cost estimate. It is Division policy as outlined in the Guideline Regarding Selected Coal Mine Bond <br />Release Issues, that bond release for topsoil replacement is evaluated as a component of Phase II, but <br />not Phase I bond release applications. Accordingly, the Division's proposed cost estimate incorporates <br />bond release credit for replacement of non toxic cover subsoil on the refuse areas (considered as a <br />component of the regrading task), but costs for replacing a 6 inch thick topdressing layer over the subsoil <br />are retained. Likewise, cost for replacing a 6 inch thick topsoil layer is retained for other final graded <br />areas included in the bond release request, even though topsoil replacement may have been completed <br />in those areas. <br />Summary and Finding of Compliance <br />The Division has completed a review and evaluation of Snowcap Coal Company's application for partial <br />Phase 1 bond release. The Division finds that facilities removal, backfilling and grading, and drainage <br />control work at the Roadside North and South Portals Mine, as specifically described in the bond release <br />application, has been completed in compliance with the approved reclamation plan, and applicable <br />requirements of the Act and the Rules. This finding is based on documentation included in the band <br />release application, as well as observations and measurements made during the bond release inspection <br />and previous site inspections, and evaluation of monitoring data collected by the applicant and the <br />Division. <br />Further, based on consideration of the remaining reclamation work to be accomplished and detailed <br />evaluation of the cost that would be incurred by the Division to complete the remaining reclamation, the <br />Division finds that a total amount of $1,466,510.00 can properly be released. This amount represents <br />approximately 44.9% of the current bond amount held. Bond in the amount of $1,797,639.00 would <br />remain, which the Division finds will be sufficient to ensure completion of the approved reclamation plan. <br />The Division does not propose to approve release of liability for topsoil replacement requested in the <br />bond release application. Topsoil replacement is properly evaluated as a component of Phase II, but not <br />Phase I bond release. <br />Phase I Bond Release 20 August 15, 2003 <br />