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January 24,1997) are sufficient in expressions of intent to maintain the permanent ponds for the <br />subsequent landuse. Thus the Application is considered adequate with regard to Rule 3.03.1(3)(c). <br />9. Summary and Conclusions <br />Based upon a review of [he information in the mine Permit, and [he applicant's bond release <br />Application as amended by the response to the Division letter of 5 November 1997, the Division finds <br />that [he Enron Coal Company has met the criteria for Phase II Bond Release [Rule 3.03.1(3)(b)] at the <br />Meeker Area Mines (C-81-032). <br />Topsoil was replaced in accordance with the approved reclamation plan (earlier findings and bond <br />tracking inspection reports). The Permittee has established vegetation which supports the approved <br />post-mine land use and meets the approved success standard for vegetative cover over [he entire extent <br />of surface disturbed areas. Earlier findings reported such success for all but 6.7 acres of surface <br />disturbed areas. Information in this Application, as amended, demonstrated that the remaining acreage <br />met the approved success standard for vegetative cover. The Division finds that the reclaimed area <br />subject to this bond release is not contributing suspended solids to streamflow or runoff outside the <br />permit area in excess of premising levels or in excess of adjacent nonmined areas. The Division finds <br />that sound future maintenance of sediment ponds that remain as permanent impoundments is implied <br />in letters provided by landowners. <br />D. Evaluation by the Division -Phase III <br />Comments were received at and subsequent to the Phase II/Phase III Bond Release inspection <br />(conducted on August 14, 1997). These comments, and subsequent actions taken by the Division and <br />Enron Coal Company, are presented in footnotes of the table at Document 5 (see Mr. Jensen, Mr. <br />Whitaker, and Mr. deVergie). Comments received subsequent to the inspection of August 14, 1997 <br />include two letters from Mr. Jensen (September 8, 1997, Document 14; September 12, 1997, <br />Document 15), a Mine-Site Evaluation Inspection Report from the Office of Surface Mining <br />Reclamation and Enforcement (OSM) (Document 16), and a letter (September 18, 1997) from the <br />White River Resource Area, Bureau of Land Management (Document 17). Letters of explanation and <br />findings were sent in response to comments received by the Division subsequent to the August 14, <br />1997, inspection (see Documents 3, 18, 19 and 20), and are discussed in the following subparagraphs. <br />1. Rule 3.03.1(2)(c) Release of Remaining Bond <br />The remaining portion of the bond amount shall be released when the permit[ee has successfully <br />completed all surface coal mining reclamation operations in accordance with the approved reclamation <br />plan, and the final inspection and procedures of Rule 3.03.2 have been satisfied. This shall not be <br />before the expiration of the period specified for revegetation responsibility in 3.02.3. <br />The Division tnds the Applicant in compliance with this rule as reviewed in the following paragraphs <br />of the Section of the Findings of Compliance. <br />2 ~ 20 January 1998 <br />