2007-10-31_GENERAL DOCUMENTS - C1984063

• Permit No: C1984063
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 10/31/2007
• Doc Name: Proposed Decision & Findings of Compliance for SL3 & TofJ
• From: Final Phase III
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

when the permittee successfully completes backfilling, regarding, and drainage control in
accordance with the approved reclamation plan." The site was graded with on-site materials to
the approved postmining topography and was completed by 8/29/95 (Division inspection report
of 08/29/95). Drainage control had been accomplished by 11/15/95 (Division Inspection Report
of 11/15/95). A Phase I Bond release for these accomplishments (and for demolition) was
approved December 13, 1995.
Phase II Bond Release
Rule 3.03.1(2)(b) states, "Up to eighty-five percent of the applicable bond amount shall be
released upon the establishment of vegetation which supports the approved postmining land use
and which meets the approved success standard for cover based on statistically valid data
collected during a single year of the liability period". In regard to Phase II bond release, Rule
3.03.2(3)(b) also states, "No more than (60) percent of the bond shall be released so long as the
lands to which the release would be applicable are contributing suspended solids to streamflow
or runoff outside the permit area in excess of premising levels as determined by baseline data or
in excess of levels determined on adjacent nonmined areas".
The approved postmining land use of the Eastside Mine is undeveloped rangeland (Application
Permit page 115). The Division found no erosional features or indications of soil erosion from
the reclaimed areas of the site during the on-site Phase II bond release inspection conducted
5/29/2001. The Division on 8/15/2001 found that the vegetation establishment requirement was
met for the Eastside Mine. The Division found that all reclamation efforts pertaining to the
Phase II bond release were completed and in compliance on 8/15/2001.
Phase III Bond Release
Phase III is a final bond release. A Phase III bond release can occur:
1. No less than 10 years after the last year of augmented seeding, fertilizing, irrigation or
other work [Section 3.02.3(2)];
2. When the permittee has successfully completed all surface coal mining reclamation
operations in accordance with the approved reclamation plan [Section 3.03.1(2)(c)];
3. When all reclamation requirements of the Rules and the Act are fully met [Section
3.03.1(4)]; and
4. When the final inspection procedures of 3.03.2 have been satisfied [Section 3.03.1(2)(c)].
As set forth in Section 2.05 page 91 of the permit application, the Eastside Mine's revegetation
success standard for cover is 35%. Productivity is not a requirement for reclamation success at
Eastside Mine. A vegetative diversity standard is not required on the Eastside Mine since the
mine was located on a previously disturbed area (Rule 4.15.8(1)(b) and Rule 4.15.10(1)).
Eastside Mine Page 5 October 31, 2007
Phase III Bond Release