2009-10-19_GENERAL DOCUMENTS - C1981028 (2)

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previously received Phase II bond release. The Division has previously made the findings required by Rule 3.03.1(3)(b) regarding suspended solids and erosional stability of the reclaimed parcels (SL1 and SU). PHASE III Rule 3.03.1(2)(c) states that, "the remaining portion of the bond amount shall be released when the permittee has successfully completed all surface mining reclamation operations in accordance with this approved reclamation plan, and the final inspection and procedures of 3.03.2 have been satisfied. This shall not be before the expiration of the period specified for revegetation responsibility in 3.02.3." Rule 3.03.1(3)(e) states that, "When the permit includes an alternative postmining land use plan for industrial or commercial, or residential use, approved pursuant to 4.16.3, the Division shall require the maintenance of bond coverage throughout the applicable liability period, sufficient for the Division to achieve compliance with the standards for revegetation applicable to the pre-mining land use under 4.15, in the event the alternative postmining land use is not developed in the event of bond forfeiture, An industrial post-mining land use was approved (Technical Revisions TR36 and TR39) for development of gas wells, support facilities and roads pertinent to oil and gas development in parcels 11, 12, and 20 (which are subject to this bond release application) and parcel 19 (which is not subject to this bond release application). Gas wells and/or support facilities and roads were developed in 2006 and 2008 in these parcels. A surface use agreement between the operator and the gas company was provided to the Division that defines the gas company's commitment to final reclamation of these well sites and ancillary facilities. At the time of the May 14, 2009 SL4 bond release inspection, three (3) gas pads and wells had been constructed, fenced, seeded with a stabilizing seed mix, and were being regularly accessed by gas company representatives. Construction of access roads and ancillary facilities adjacent to the gas wells had been conducted as well. Rule 3.03.2(2) requires bond release inspections and evaluations to consider the results of inspections and monitoring conducted pursuant to Rule 4.05.13 and 5.02, the degree of difficulty to complete any remaining reclamation, and whether pollution of surface or subsurface water is occurring, the probability of such pollution, and the estimated cost of abating such pollution. III. OBSERVATIONS AND FINDINGS Revegetation Permit page 2.05.4-116b defines the required cover standard for the Keenesburg Strip Mine. The permit states, "Reclaimed areas will be considered successfully reclaimed if the total vegetative cover on the reclaimed area is not less than 90 percent of the predicted calculated cover value with 90 percent statistical confidence using the equation: y= 0.0173x3 - 0.8592x2 + 14.562x - 47.015, C1981-028, SL4 5 10/19/2009