GENERAL49004

• Permit No: C1981026
• IBM Index Class Name: General Documents
• Doc Date: 10/5/1990
• Doc Name: Revised Proposed Decision & Findings of Compliance for SL2
• From: Phase II
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

PROPOSED DECISION - Canadian Strip/Phase II Bond Release
October 1, 1990
Page 1
I. PROCEDURE FOR SEEKING BOND REI:EASE AND SUMMARY OF THE REVIEW PROCESS
This document presents the results
Fuel Company's request for Phase II
Mine. Wyoming Fuel has applied for
3.03.1(3).
of the Division's review of Wyoming
Bond Release for the Canadian Strip
Bond Release under Rule 3.03.1(21 and
The company submitted a request for Phase II Bond Release on March 1,
1990. The Public Notice was published for four weeks in the Jackson
County Star between March 8, 1990, and March 29, 1990. The Affidavit of
Publication was received by the Division on April 24, 1990, in
conjunction with certified mail receipts from notification of the
landowners and appropriate governmental entities, per Rule 3.03.2(11.
The Division prepared an Adequacy Letter on June 21, 1990, and
satisfactory responses were received on August 16, 1990. Two inspections
were performed on June 20, 1990, and August 7, 1990 to provide specific
information on erosion and vegetation success, respectively, at the site.
The Division performed the Bond Release Inspection on September 5, 1990.
Landowners had been notified on August 17, 1990, and August 27, 1990, of
the pending inspection. Two representatives of Wyoming Fuel Company, one
OSM inspector, two individuals from the Bureau of Land Management, and a
landowner, attended the inspection. No written comment was received from
the other landowners.
II. CRITERIA FOR-BOND-RELEASE
A permittee is eligible for Phase II Bond Release when the reclaimed area
is contributing suspended solids to streamflow or runoff outside the
permit area at levels equal to or less than levels found in non-mined
areas, according to Rule 3.03.1(3)(b). Up to eighty-five percent of the
bond shall be released upon the successful establishment of the
vegetative cover, based on remaining reclamation costs at the site, per
Rule 3.03.1(21(b1.
The Division reviews topsoil replacement depths, erosion data and the
general geomorphology of the site, as well as vegetative cover and
species diversity data when evaluating a Phase II Bond Release Request.
A bond is calculated which would cover the costs to the Division to bring
an independent contractor on site to compete any remaining reclamation.
This bond includes a component for vegetation failure.