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industrial or commercial post-mining land use has substantially commenced and is <br />likely to be achieved, and b) the ground cover of living plants provides sufficient <br />erosion control as required by Section 4.15.10(2). [Section 3.02.3(2)]; <br />2. When the permittee has successfully completed all surface coal mining reclamation <br />operations in accordance with the approved reclamation plan [Section 3.03.1(2)(c)]; <br />3. When all reclamation requirements of the Rules and the Act aze fully met [Section <br />3.03.1(4}]; and <br />4. When the final inspection and evaluation procedures of Section 3.03.2 have been <br />satisfied [Section 3.03.1(2)(c)]. <br />IV. OBSERVATIONS AND FINDINGS <br />Phase I Bond Release <br />Backfilling, regrading, and drainage control There were no structures associated with the coal <br />mining operation in the bond release area. The only required regrading in the bond release was the <br />former South Pit azea. During the bond release inspection, regrading in the South Pit azea was <br />examined for compliance with the required slope magnitudes and configuration as they aze shown <br />on the approved postmining topography map in the permit, Map 5-10. The regraded backfill in the <br />South pit azea appeazs to approximate a 2:1 slope in the upper part of the slope (in the former <br />highwall azea) and then flattens to neazly horizontal at the base of the slope. This slope configuration <br />appeazs to conform to the required postmining topography shown on Map 5-]0. No evidence of <br />ground settlement was found in the highwall azea. No tension cracks were found at the top of the <br />slope, and no compression bulges were found at the bottom of the slope. Drainage is directed away <br />from the top of the slope by a berm. Drainage from the South pit and adjacent azeas is routed to a <br />ditch that is next to a gravel mine haul road. <br />Sediment yield. All surface drainage from disturbed areas in the bond release area reports to two <br />sediment control ponds that are part of the sediment control system for both the gravel operation and <br />the coal mining operation. These ponds currently prevent sediment from being transported to <br />streamflow or runoffoutside the coal mining permit azea. Revegetation in the South Pit azea reduces <br />sediment yield, although gully erosion has occurred on the slope. Final reclamation by the gravel <br />mine operator will not occur until gravel mining operations aze concluded. <br />Based on the foregoing observations, the Division finds that the bond release azea meets all the <br />requirements for Phase I bond release. <br />Phase II Bond Release <br />Topsoil replacement. The reclamation plan in the permit application (page 5-32) calls for <br />distributing 12-18 inches of topsoil on the South pit area. During the bond release inspection, topsoil <br />6 <br />