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

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II. CRITERIA FOR BOND RELEASE Since mining began at Seneca II in 1972 prior to Colorado's permanent regulatory program, affected lands within Seneca II Mine fall within pre-law, interim program and permanent program categories. The criteria used for bond release varies for each of these categories. No pre-law areas were included in the SL-3 application, and as such, pre-law areas are not addressed further in this document. The SL-3 application included interim program areas as well as permanent program areas. The Phase II bond release criteria pertaining to these two categories are described below. Interim-Law Lands The interim program areas were evaluated using the performance standards from 30 CFR Part 715, and rules promulgated under the Colorado Mined Land Reclamation Act of 1976 (effective May 1977). A summary of the pertinent regulations includes the following. • Topsoil is to be salvaged and replaced; • The hydrologic balance is to be protected; • Dams constructed of or impounding waste requires regulatory approval; • A diverse, effective, and permanent vegetative cover is to be established; success evaluated based upon results which could reasonably be expected using methods of revegetation required under the initial federal program performance standards and requirements of the approved permit at that time. The interim-law lands are shown on Exhibit B of the SL-3, Phase 11 bond release application as those areas shaded in green. These areas correspond to Bond Release Block 2 (BRB-2) areas, as delineated on approved permit Exhibit 13-13.1. Reclamation requirements for interim lands differ from permanent program lands primarily with respect to applicable revegetation success criteria and details of quantitative vegetation sample designs for demonstrations of revegetation success. For Phase II bond release, revegetation evaluation is focused primarily on establishment of an effective ground cover of species that support the postmining land use. As specified in Appendix 13-13 of the approved permit, the BRB-2 success demonstration for cover is a narrative evaluation based on quantitative sample data. Data from the Sagebrush and Mountain Brush/Aspen reference areas would be used to "provide information to frame the qualitative discussion of the comparative cover and production data". Permanent Program Areas Under Colorado's Permanent Program, the process of releasing the reclamation liability bond for a mine site is explained in Rule 3.03 and further described in the DRMS's 1995 Guideline Regarding Selected Coal Mining Bond Release Issues. The bond release process involves three phases. For 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, pursuant to 4.15.8, meets applicable productivity standards for prime farmlands or alluvial valley floors pursuant to 3.03.1(3)(b), or croplands pursuant to 4.15.9." 6