Laserfiche WebLink
II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />PHASE <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 Mine Bond 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 />permittee successfully completes backfilling, regrading, and drainage control in accordance with the <br />approved reclamation plan." With regard to Phase I bond release, SCC applied for a partial Phase I <br />bond release with SL -02. The Division's proposed decision to approve the Phase I bond release SL -02 <br />was issued on August 15, 2003. The entire 2.1 acre area requested in the current Phase II and Phase III <br />bond release application, SL -05, were included in the SL -02 Phase I bond release. <br />PHASE II and III <br />SCC's Bond Release Application submitted May 18, 2009 was a full bond liability release request <br />(Phase II and III) of 2.1 reclaimed acres located within an area referred to as the Overland Conveyor <br />corridor. The conveyor corridor for which this bond release applies is approximately 4/10 mile long <br />located between the former Transfer Buildings #2 and #3. It was used to convey coal to the Unit <br />Train Loadout. <br />For Phase II bond release, Rule 3.03.1(2)(b) states, "Up to eighty -five percent of the applicable bond <br />amount shall be released upon the establishment of vegetation which supports the approved postmining <br />land use and which meets the approved success standard for cover... based on statistically valid data <br />collected during a single year of the liability period ". In regard to Phase II bond release, Rule <br />3.03.1(3)(b) also states, " No more than sixty (60) percent of the bond shall be released so long as the <br />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 as determined by baseline data or in excess <br />of levels determined on adjacent nonmined areas". <br />However, Rules 3.03.1(2)(b) and 3.03.2(3)(b) are not applicable here because the approved postmining <br />land use of the bond release area is industrial /commercial. The appropriate revegetation success criteria <br />for the Overland Conveyor corridor area is given in Rule 4.15. 10 for areas to be developed for industrial <br />use. The adjacent nonmined area is also industrial use and the reclaimed area will not contribute <br />additional suspended solids above natural conditions to runoff or streamflow outside the permit area. <br />Since the postmining land use is industrial and there is virtually no runoff from the reclaimed area, a <br />sediment loss demonstration was not required. <br />For Phase III bond release, Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be <br />released when the permittee has successfully completed all surface coal mining reclamation operations <br />in accordance with this approved reclamation plan, and the final inspection procedures of 3.03.2 have <br />been satisfied. This shall not be before the expiration of the period specified for revegetation <br />responsibility in 3.02.3." Rule 3.03.1(4) states, " No bond shall be fully released until all reclamation <br />requirements of these Rules and the Act are fully met... ". The rule further states, " No acreage shall be <br />released from the permit area until all surface coal mining and reclamation operations on that acreage <br />have been completed in accordance with the approved reclamation plan." <br />Page 4 <br />