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independently analyzed vazious hydrologic impacts. The Division then compared Sunland's <br />conclusions and the results of the Division's independent analyses to the requirements of Sunland's <br />approved reclamation plan and to the regulatory requirements for bond release. <br />Chronol~ of Division's Review of Bond Release ApAlication <br />The Division notified Sunland's consultant, by phone, on November 4, 2002 that the pond's <br />emergency spillway would need to be reconstructed before the bond release application could be <br />found adequate. The consultant responded on November 27, 2002 with revised pages for Technical <br />Revision 13 showing the spillway design. The Division notified the consultant by phone on January <br />3, 2003 of changes to text needed on page 6 of the vegetation study portion of the bond release <br />submittal. The Division received an adequate response on January 13, 2003. The Division notified <br />the consultant by phone on January 13, 2002 that the bond release acreages specified in the bond <br />release application differed from the acreage values in the Division's database. The Division <br />received an adequate response on January 15, 2002. The Division notified the consultant by fax on <br />January 14, 2002 of changes needed to text in the bond release application and the need to submit <br />proofs of notice. The Division received adequate responses on January 15, 2003. <br />The Division conducted an analysis of Sunland's hydrologic impacts. The analysis covered data in <br />the bond release application and past annual hydrology reports. <br />Comments and Obiections <br />The Division received no comments, written objections, or requests for an informal conference <br />regazding the bond release application. <br />III. CRITERIA FOR BOND RELEASE <br />Phase I Bond Release <br />Section 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amoiunt shall be released <br />when the pemuttee successfully completes backfilling, regrading, and drainage control in accordance <br />with the approved reclamation plan." The approximate 1800-square foot drainage control berm is <br />the only part of the current bond release that is being considered for Phase I release. (The rest of the <br />mine either received Phase I release in 1996, or has been approved as permanent.) The approved <br />reclamation plan for the drainage control berm required it to be graded down to the level of the <br />adjacent yazd azea, and the graded material was to be placed on the access road that extends from the <br />county road to the building. <br />Phase II Bond Release <br />A Phase II bond release is allowed by those parts of Section 3.03.1(2)(b) which say, "Up to <br />eighty-five percent of the applicable bond amount shall be released upon the establishment <br />of vegetation which supports the approved postmining land use..." and "....which meets the <br />Apex No. 2 Mine Page 5 January 24, 2003 <br />Phases I, II, and III Bond Release <br />