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Rule 3.03.1(2)(3)(b) states that "no more than sixty (60) percent of the bond shall be released so long as <br />the lands to which the release would be applicable are contributing suspended solids to streamflow or <br />runoff outside the permit area in excess of premining levels ...or in excess of levels determined on <br />adjacent nonmined areas. <br />Rule 3.03.1(3)(c) states that "where a silt dam is to be retained as a permanent impoundment... more <br />than sixty percent of the bond may be released only so long as provisions for sound future maintenance <br />by the permittee or the landowner have been made with the Division. <br />Although not specifically addressed in Rule 3.03, the Division evaluates topsoil replacement in <br />conformance with Rule 4.06 and permit requirements, as a component of Phase II bond release. <br />Demonstrations with respect to topsoil replacement, suspended solids, and permanent impoundments <br />are identical for interim and permanent program lands. <br />Revegetation success demonstration requirements for permanent program lands are somewhat more <br />stringent than for interim program lands. For Phase II bond release on permanent program lands, a <br />statistically valid, hypothesis test based demonstration that the applicable cover standard has been <br />achieved, is required. For Seneca II Mine, the demonstration entails comparison based on results of <br />statistically adequate samples of cover in the bond release block and the applicable reference areas. The <br />permanent program lands are shown on Exhibit B of the SL-3, Phase II bond release application as <br />those areas shaded in brown (1982 through 1995) and red (1997 through 2003). The brown shaded <br />areas correspond to Bond Release Block 3 (BRB-3), while the red shaded areas correspond to Bond <br />Release Block 4 (BRB-4), as delineated on approved permit Exhibit 13-13.1. <br />SCC's approved reclamation plan prepared in accordance with Rule 2.05.4 is contained in Volume 7, <br />Tab 9; Volume 10, Tab 12; and Volume 12, Tab 13 of the approved permit application package <br />(PAP). All of the lands within the SL-3 release request area have an approved Rangeland postmining <br />land use. The final reclamation plan for the Seneca II Mine includes retention of numerous <br />permanent facilities to support the Rangeland postmining land use. Permanent facilities within the <br />SL-3 release area include roads and associated culverts, and permanent impoundments, both <br />sedimentation ponds approved for permanent retention and stock ponds. <br />The Division's inspection and evaluation of the SL-3 application release request area was based on the <br />specific requirements of the reclamation plan, functional requirements of the post-mining land use, and <br />applicable regulatory criteria. Topics evaluated for Phase II bond release included the following: <br />1. Results of past monthly inspections (applicable to Phase I, II, and III bond release); <br />2. Hydrology monitoring data, and assessment of whether pollution of surface or ground water is <br />occurring, the probability of such future pollution and the estimated cost to abate pollution <br />(applicable to Phase I, II, and III bond release); <br />7