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II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />PHASE I <br />The process of releasing the reclamation liability for a mine site is explained in Rule 3.03 and further <br />described in the Division's 1995 Guideline Regarding Selected Coal Mining Release Issues. Rule <br />3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released when the <br />pen-nittee successfully completes backfilling, regrading, and drainage control in accordance with the <br />approved reclamation plan." <br />SCC's approved reclamation plan prepared in accordance with Rule 2.05.4 is contained in Volume 5, <br />Tab 14 of the permit application package (PAP). Evaluation and inspection of the South Portal area, A <br />Substation, Light Use Road #1, and the two small regraded areas associated with the overland <br />conveyor tube/bridge structure were based on the specific requirements of the reclamation plan and the <br />functional requirements of the post-mining land use. Criteria for bond release included the following. <br />1. Hillslope and drainage channel gradients and general design compliance; <br />2. Performance of the reconstructed topography. Symptoms of failure or instabilities such as <br />slumping or exposed highwalls were examined; <br />3. Hillslope design/function with regard to erosion; <br />4. Swales and depressions with regard to numbers of features and effect on post-mining land use; <br />5. Blending of regraded land to undisturbed areas; <br />6. The functioning of drainages with regard to knickpoints, blending at disturbance boundaries and <br />channel erosion; <br />7. Erosional features; and <br />8. Drainage control for the reclaimed area, including upslope diversions. <br />Grading of the South Portal area is described on page 14-7 of the PAP. The drainage plan for the <br />South Portals is described on page 14-8 and is shown on Exhibits 6C and 26. Run-off calculations are <br />presented in Appendix 14-6. Miscellaneous grading for the A substation and Light Use Road #1 areas <br />involved only minor cuts and fills to blend with adjacent surface contours. Regrading of the disturbed <br />areas associated with the overland conveyor is described on page 14-9. All structures have been <br />removed at the overland conveyor sites on each side of the river and all disturbances associated with the <br />overland conveyor have been reclaimed. <br />Ponds 8 and 9 were not included in the bond release request area. The permanent rip rapped diversion <br />ditch that originates above the South Portal and terminates at Pond 9 and the North Collection Ditch <br />which receives the outflow from South Portal 18" CMP "A" were not included in the bond release <br />request and were not part of the bond release inspection. <br />Permit Revision No. 3 (PR-3) was approved in July 2007 to change the postmining land use of <br />portions of the South Portal facilities area to an alternative, Commercial postmining land use. As <br />described in greater detail below, with PR-3 the Division approved a Steep Slope Variance from <br />Approximate Original Contour (AOC) requirements of the regulations to allow for the retention of <br />the mine bench and cut slopes to accommodate the alternative use. <br />Page 4