2007-10-31_GENERAL DOCUMENTS - C1984063

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Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be released when the permittee has successfully completed all surface coal mining reclamation operations in accordance with this approved reclamation plan, and the final inspection procedures of 3.03.2 have been satisfied. 'This shall not be before the expiration of the period specified for revegetation responsibility in 3.02.3." Rule 3.03.1(4) states, "No bond shall be fully released until all reclamation requirements of these Rules and the Act are fully met..." The same rule goes on to state, "No acreage shall be released from the permit area until all surface coal mining and reclamation operations on that acreage have been completed in accordance with the approved reclamation plan." The Eastside Mine had been historically mined prior to promulgation of the Colorado Division of Reclamation, Mining and Safety, Rules and Regulations for Coal Mining, 1981. Mining had occurred at the Eastside Mine site from the late 1800's through 1979. Since the Eastside Mine was disturbed prior to the current statutory requirements, Rule 4.15.10 was applied to the final revegetation success requirements. Revegetation success on the Eastside Mine requires live vegetative cover of 35%. No herbaceous productivity, species diversity or woody plant density standards apply to this site. The Eastside Mine ceased coal production in 1995. The portal was seal, the site backfilled and graded, available topsoil was replaced, and the reclaimed area seeded in 1995, in accordance with the approved mining and reclamation plan. The seed mix planted on the reclaimed mine site is shown in permit Table No. 17. IV. OBSERVATIONS AND FINDINGS The reclamation of the Eastside Mine was completed in 1995. The criteria that must be met for a Phase III (Final) Bond Release are completion of the period of extended liability, revegetation success, suitability of land for postmining land use and restoration of hydrologic balance. Period of Extended Liability The period of extended liability is a minimum of ten years for the Eastside Mine. Reclamation for the entire mine site, with the exception of the sediment pond (SP-1), was completed in the fall of 1995. Vegetation surveys were completed in June 2006 and June 2007 as per Rule 4.15.7(5). There was no additional work performed at the mine site that would extend the liability period. The drainage collection ditch and sediment pond (SP-1) removal and reclamation are exempt from a minimum liability period under Section 3.03.1(5). The ten-year liability period following the seeding in 1995 expired in November 2005; therefore, the Division finds that the Eastside Mine meets the requirement of Section 3.02.3 fora 10-year liability period for vegetation. Reves?etation Success Standards Eastside Mine Page 6 October 31, 2007 Phase III Bond Release