2008-11-17_GENERAL DOCUMENTS - C1980006

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sealed the other five wells in October 2008, and on November 14, 2008, the operator submitted an abandonment report in accordance with Rule 4.07.3(3) for the five sealed wells. 1. CRITERIA AND SCHEDULE FOR BOND RELEASE Rule 3.03.1(2)(a) states that "Up to sixty percent of the applicable bond amount shall be released when the permittee successfully completes backfilling, regrading and drainage control in accordance with the approved reclamation plan." Areas under consideration for Phase I bond Release include areas of the Mine that have not been included in previous Phase I bond release applications. These areas include reclaimed pond areas, Pond C and Pond G, a permanent mine access road, a mine facilities pad, a warehouse/office building, fuel tanks, and light and power structures at the facilities area. Rule 3.03.1(2)(b) states that "Up to eighty-five percent of the applicable bond amount shall be released upon the establishment of vegetation which supports the approved post-mining land use and which meets the approved success standard for cover...". Rule 4.15.8(3)(a) states, "For vegetative cover the revegetated area shall be considered acceptable if it is not less than 90 percent of the cover determined from the reference area or approved standard with 90 percent statistical confidence...". Rule 3.03.1(3)(b) states that, "No more than sixty (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 premining levels...". With regard to the Phase II Bond Release portions of Pit 1, the Marr Pit and the Marr Loadout, the approved post mining land use is rangeland and wildlife habitat. Rule 3.03.1(2)(c) states that "The remaining portion of the bond amount 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 and 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." The areas considered for Phase III bond release include the 720 Pit, Marr Pit, Pit 1, permanent ponds and facilities, reclaimed ponds C and D, and all areas of the Marr Mine with the exception of 8.0 acres that were seeded in 1999 and the mine site road providing access to these 8.0 acres. Rule 3.03.1(4) states that, "No bond shall be fully released until all reclamation requirements of these Rules and the Act are fully met, and in no case shall the total bond amount applicable to a permit area be less than $10,000, in accordance with 3.02.2(3), until bond for the entire permit area is fully released. 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." Rule 3.03.1(5) states that, "Release of bond coverage for liability associated with temporary drainage and sediment control facilities including impoundments and conveying systems shall be authorized only after final inspection, acceptance, and approval by the Division. Such approval shall be granted based on determination by the Division that backfilling and grading, topsoiling, and reseeding of such facilities have been completed in compliance with the approved plan. Vegetative cover must be adequate to control erosion and similar to the reclaimed area or surrounding undisturbed area. Reclaimed temporary drainage control facilities shall not be subject to the extended liability period of 3.02.3(2) or the bond release criteria of 3.03.1(2)." Ponds C and G at the Marr Mine were reclaimed in September 2006. Pond C and G, their associated topsoil stockpiles, and ditches were regraded, topsoil replaced on the regraded ponds and ditches and the approved permanent seed mix drill seeded at the approved rate. Marr Mine SL4