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A detailed soil stability analysis of the Eiltses' property was not conducted during the <br />August 28, 1995 inspection, since recent inspections by the Division and the operator <br />have documented active erosion. <br />Since final reclamation was completed, rill and gully repair on the reclaimed pit area has <br />been required. On the Grassy Creek property, the repairs have been limited to breaches <br />of the lateral ditches originally placed to prevent concentrated flow features. The ditches <br />were removed in 1994 and 1995. On the Eiltses' property, repairs to the lateral ditches <br />have also been required. In addition, however, concentrated flow features have been <br />identified and repaired on the north slopes of the drainage to the Upper impoundment <br />(No. 2). <br />The absence of recent erosional features and minimal sediment deposition on the Grassy <br />Creek property indicate that reclaimed lands are not contributing excessive suspended <br />solids to streamflow or runoff outside the permit area, and that the soil of the reclaimed <br />area is stable. <br />Summary and Conclusions <br />Based upon review of the data submitted by the operator and Division observations, the <br />Division finds that successful establishment of vegetation and stabilization of topsoil have <br />occurred on that portion of the pit area owned by Grassy Creek Coal Company. <br />Successful establishment of vegetation and soil stabilization have not, however, been <br />accomplished on the portion owned by the Eiltses. <br />IV. Proposed Decision <br />Based on the above discussion and findings of fact, the Division proposes to grant partial <br />approval of the Phase II bond release request submitted by Sun Coal Company. The <br />Division will grant the release on that portion of the permit area which is owned by <br />Grassy Creek Coal Company (76 acres). Specifically excluded from the release are the <br />portion of the permit area which is owned by the Eiltses (24 acres), the sediment ponds, <br />and the facilities area. <br />Rule 3.03.2(5)(a) requires that, in the event of denial of a request for bond release, the <br />Division recommend corrective actions necessary to secure release. Since the reason for <br />denial of the release request was based on insufficient vegetative cover and soil <br />instability, the Division would recommend that Sun increase vegetative cover. As noted <br />above, this might be accomplished through interseeding. <br />The original performance bond required for the Meadows No. 1 Mine was $1,780,000.00. <br />Phase I bond release of $456,583.00 was granted for backfilling and grading of the pit <br />Meadows No. 1 Mine 8 Phax n Bond Release <br />