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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 <br />further described in the Division's 1995 Guideline Regarding Selected Coal Mining Bond Release <br />Issues. Rule 3.03.1(2) (a) states, "Up to sixty percent of the applicable bond amount shall be <br />released when the permittee successfully completes backfilling, regrading, and drainage control in <br />accordance with the approved reclamation plan." <br />WFC's approved reclamation plan prepared in accordance with Rule 2.05.4 is contained in Volume <br />VI of the permit application package (PAP). Section 2.05.4(2) (c) of the PAP, Backfilling and <br />Grading, details the backfill and final grading methods utilized. <br />Evaluation and inspection of the New Horizon Mine site were based on the specific requirements <br />of the reclamation plan and the functional requirements of the post-mining land use. Criteria for <br />Phase I 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 <br />use; <br />5. Blending of regraded land to undisturbed areas; <br />6. The functioning of drainages with regard to knickpoints, blending at disturbance boundaries <br />and channel erosion; <br />7. Erosional features; and <br />8. Drainage control for the reclaimed area, including upslope diversions. <br />PHASE II <br />Rule 3.03.1(2) (b) states, "Up to eighty-five percent of the applicable bond amount shall be released <br />upon the establishment of vegetation which supports the approved post mining land use and which <br />meets the approved success standard for cover, pursuant to 4.15.8, meets applicable productivity <br />standards for prime farmlands or alluvial valley floors pursuant to 3.03.1(3) (b), or croplands <br />pursuant to 4.15.9." <br />Rule 3.03.1(3)(b) states that, "No more than sixty (60) percent of the bond shall be released so long <br />as the lands to which the release would be applicable are contributing suspended solids to <br />streamflow or runoff outside the permit area in excess of premining levels ...or in excess of levels <br />determined on adjacent nonmined areas."