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established. The letter from AT&SF, dated November 14, 1995, specifically requests "that <br />Energy Fuels not revegetate any areas of the loadouts so they may remain compatible with <br />the present industrial use of the sites." <br />Rule 4.15.10(3) provides that: <br />For mine support facilities located within areas where tl:e pre-mining land use was <br />industrial or commercial, and the approved post-mining land use industrial or <br />commercial, the vegetation requirement of 4.15.10(2) may be waived if requested in <br />writing by the landowner, and if the Division determines that vegetation is not necessary <br />to control erosion. <br />The loadouts have been gently graded to direct surface flows away from the rail line. Run- <br />off from both sites is effectively controlled utilizing a collection ditch at the Santa Fe No. <br />2 and directing runoff into a railroad box culvert at Santa Fe No. 1. The drainage <br />configurations were designed to safely pass the peak discharge from a 10-year, 24-hour <br />event, and have been approved by the Division as small area exemptions. No topsoil was <br />present prior to the permitting of the loadouts, therefore no topsoil was salvaged and none <br />will be replaced. Replacement of topsoil would be counter to the approved industrial post- <br />mining land use. Surface material, consisting of gravel, scoria, and shale fragments, has <br />been redistributed in accordance with Rule 4.06.4(2)(a). The gentle grading of the sites and <br />the gravelly surface appear sufficient to control erosion. <br />Proposed Decision for Phase II Bond Release <br />The Division finds that the requirements for Phase Ii bond release have been met for the <br />Santa Fe Loadouts No. 1 and 2. The Division proposes to release up to 85% of the bond <br />allotted for reclamation of the Santa Fe Loadouts No. 1 and 2. This would reduce the bond <br />amount from the original of $8,963.00 to $1,344.00. <br />Phase III <br />Rule 3.03.(2)(c) states: <br />The remaining portion of the bond amount shall be released when the pennittee has <br />successfully completed a[l surface coal mining reclamation operations in accordance with <br />this approved reclamation plan, and the final inspection and procedures of 3.03.2 have <br />been satisfied. This shall not be before the expiration of the period specified for <br />revegetation responsibility in 3.02.3. <br />The approved reclamation plan designated that the Santa Fe Loadouts No. 1 and 2 be <br />reclaimed for industrial use and that revegetation should not be established on the sites. <br />