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ll. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />PHASEI <br />Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released <br />when the permittee successfully completes backfilling, regrading, and drainage control in <br />accordance with the approved reclamation plan." Post-mining topography for Energy Mine No. <br />3 was approved via a Phase I bond release on July l3, 1987 and a bond reduction on March 7, <br />1988. <br />PHASE II <br />Rule 3.03.i(2)(b) states, "Up to eighty-five percent of the applicable bond amount shall be <br />released upon the establishment of vegetation which supports the approved post-mining land use <br />and which meets the approved success standazd for cover... based on statistically valid data <br />collected during a single year of the liability period". In regard to Phase II bond release, Rule <br />3.03.2(3)(b) also states, "No more than sixty (60) percent of the bond shall be released so long as <br />the lands to which the release would be applicable aze contributing suspenddd solids to <br />streamflow or runoff outside the permit area in excess ofpre-mining levels as determined by <br />baseline data or in excess of levels determined on adjacent non-mined azeas". <br />Surface mining operations at Energy Mine No. 3 began in 1974. Energy Mine No. 3 was <br />originally permitted by Energy Fuels Corporation under Permit No. M-76-16. Colorado Yampa <br />Coal Company (formerly Energy Fuels Corporation) submitted a permit application (C-81-036) <br />on February l8, 1981, to achieve compliance with Colorado's permanent regulatory program. <br />The permit application included proposals for surface and underground mining, and plans to <br />operate the tipple loadout facility at Fish Creek. After submittal, the application was revised. <br />The original permit application (C-81-036) was sepazated into two applications, one for Energy <br />Ivfine No. 3 and Middle Creek Mines, and the other for the Fish Creek Tipple. On January 23, <br />1984, Colorado Yampa Coal Company submitted a complete application to permit the Energy <br />Mine No. 3 (C-84-062) separately from the Fish Creek Tipple and tipple haulroad (Permit No. C- <br />81-036). This permit application (C-84-062) proposed limited surface mining in 1985, and no <br />underground mining. The Energy Mine No. 3 application did not include the Fish Creek Tipple <br />facility. Permit application C-81-036 was rewritten to address only the Fish Creek tipple and <br />haulroad. This facility, operated by Twentymile Coal Company, has since been incorporated into <br />the Twentymile Coal Company Permit No. C-82-056 for the Foidel Creek Mine. The Energy <br />Mine No. 3 Permit, C-84-062, was issued October 4, 1984. <br />Permit Map 7 (dated 12/9/83) documents those portions of Energy Mine No. 3 that were surface <br />mined prior to August 3, 1977 (pre-SMCRA), between August 1977 and May 1978, between <br />May 1978 and September 1980 (during Colorado's interim permit regulations), and after <br />Cobrado Yunpa Coal Company: Mine No 3. SLO? Findings 6/99 a:\COga06?\SLO?fnd.doc <br />