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Permanent Program Areas <br />Under Colorado's Permanent Program, the process of releasing the reclamation liability bond for a mine <br />site is explained in Rule 3.03 and further described in the DRMS's 1995 Guideline Regarding Selected <br />Coal Mining Bond Release Issues. The bond release process involves three phases. At Phase One, Rule <br />3.03.1(2) (a) states, "Up to sixty percent of the applicable bond amount shall be released when the <br />pennittee successfully completes backfilling, regrading, and drainage control in accordance with the <br />approved reclamation plan." <br />SCC's approved reclamation plan prepazed in accordance with Rule 2.05.4 is contained in Volume 12, <br />Tab 13 and Volume 10, Tab 12 of the PAP. The areas pertaining to Colorado's Permanent Program are <br />affected lands mined and reclaimed after September 23, 1981 following SCC's receipt of their Mining <br />Permit from the Mined Land Reclamation Division. These lands aze shown on Exhibit B of the Phase I <br />bond release application as those areas shaded in gray. Evaluation and inspection of the permanent <br />program azeas was based on the specific requirements of the reclamation plan and the functional <br />requirements of the post-mining land use. Criteria for bond release included the following. <br />1. Hillslope and drainage channel gradients and general design compliance; <br />2. Performance of the reconstructed topography. Symptoms of failure or instabilities such as <br />slumping or exposed highwalls were examined; <br />3. Hillslope design/function with regazd to erosion; <br />4. Swales and depressions with regazd to numbers of features and effect on post-mining land use; <br />5. Blending of regraded land to undisturbed areas; <br />6. The functioning of drainages with regard to knickpoints, blending at disturbance boundaries and <br />channel erosion; <br />7. Erosional features; and <br />8. Drainage control for the reclaimed area, including upslope diversions. <br />With regazd to Phase I bond release, the approved reclamation plan for the Seneca II Mine calls for <br />rough backfilling and grading to be completed within 180 days following coal removal and not more <br />than four spoil ridges behind the active pit. Prior to 1997, SCC was granted a variance for additional <br />time for backfiliing and grading following coal removal in the Wolf Creek and Wadge Pit areas. <br />Through a detailed written analysis under 2.05.4(2)(c) SCC demonstrated that additional time was <br />necessary based on coal production rates. Therefore the DRMS approved the additional time for the <br />Wolf Creek and Wadge pit azeas, and the non-coal waste disposal site. The Wolf Creek and Wadge pit <br />azeas were not reclaimed within 180 days of initial disturbance, but were regraded within 4 spoil ridges <br />of the active pit. This delay was necessary because of production rates and pit sequencing. <br />SCC utilized a range diagram computer program called RANGER in the design of the postmining <br />topography and postmining drainages, to aid in achieving the approximate original contour (AOC) of <br />the pre-mining landscape. Overburden values calculated from boreholes were used in the range <br />diagram program. A series of range diagrams were drawn throughout the mining azeas (see <br />Attachment 13-3 of the PAP). Postmine slopes were then superimposed on the diagrams. It was <br />estimated that all spoil would be graded towazds the open pit at slopes between Sh:ly and lOh:ly. <br />6 <br />