2009-04-01_GENERAL DOCUMENTS - C1980005 (2)

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objections, or requests for an informal conference regarding the bond release application were received by the DRMS. In SL-3, SCC initially requested Phase II release on 1,793.5 acres of interim and permanent program land [311.1 acres of interim program reclaimed lands (`BRB-2"), and 1482.4 acres of permanent program reclaimed lands]. Permanent program lands included 902 acres in BRB-3, 577.7 acres in BRB- 4, and 2.7 acres in BRB-5. No pre-law lands are included in the SL-3 request. Areas subject to SCC's initial SL-3 release request are clearly delineated on application map Exhibit A, Phase II Bond Release Area, and map Exhibit B, Phase II Bond Release Chronological Revegetation. The reclaimed lands were divided into three separate bond release blocks (BRB) as shown on Map Exhibit B. Each bond release block includes multiple reclamation parcels. BRB-2 parcels were reclaimed between 1977 and 1981, BRB-3 parcels were reclaimed between 1982 and 1995, and BRB-4 parcels were reclaimed between 1997 and 2003. Within a particular reclaimed block, parcels were reclaimed with relatively consistent techniques and seed mixes. The SL-3 Phase II bond release request is limited to those portions of the interim and permanent program lands that have previously been granted Phase I bond release, within SL-1. The 2.7 acre area within BRB-5 that was included in the initial SL-3 release request was associated with approved permanent roads in the vicinity of the shop facility area. The DRMS scheduled and conducted a bond release inspection on July 15 through July 17, 2008. The site inspection was conducted in accordance with Rule 3.03.2(2). Inspection participants were Dan Mathews and Brian Grady of the DRMS, Jennifer Mayolo, Shawn Wiser, and Roy Mckinstry of the Bureau of Land Management (BLM) Little Snake Field Office, and Roy Karo and Vern Pfannenstiel of Seneca Coal Company. None of the land owners of record attended the inspection; however, all land owners were notified of the inspection via certified mail. Issues of concern raised by the DRMS during the inspection are detailed in the DRMS inspection report dated August 18, 2008. A follow-up inspection was conducted on October 15-18, 2008 to ensure maintenance items noted in the August 18 inspection report had been adequately addressed. Additional adequacy concerns identified during review of the application were addressed in adequacy letters dated December 22, 2008, and January 2, 2009. During the review, the Division identified deficiencies regarding the demonstration of vegetation cover success in Bond Release Block (BRB) 4. As a result, SCC withdrew the 577.7 acre BRB-4 from the SL-3 application in a letter dated February 27, 2009. A subsequent email correspondence dated March 10, 2009, clarified that SCC was also withdrawing the 2.7 acre portion of BRB-5 from the application. With the removal of the BRB-4 and BRB-5 lands from the application, the request for Phase II bond release is reduced to 1213.1 acres (311.1 acres of interim program land in BRB-2, and 902 acres of permanent program land in BRB-3). The amended release request area, which the Division proposes to approve, is delineated on Attachment 1, of this proposed decision package. 5