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In the spring of 2009, high intensity rainfall on top of recently reclaimed, saturated slopes resulted in <br />extensive erosion within South Extension Area watersheds flowing to Sedimentation Ponds <br />016/016A and 017. Many of the reclaimed permanent channels within that area were heavily <br />damaged. Extensive repairs, reconstruction, and implementation of further erosion control measures <br />were needed. Based on the extent of erosion damage and on-going remedial work in the South Area, <br />the Division and Seneca agreed that it would be premature to grant Phase I bond release for the South <br />Extension Area. For this reason, the 402.85 acres in the South Extension area will be excluded from <br />the SL-2 application review and the South Extension area was not evaluated during the bond release <br />inspection on October 14-16, 2009. However, Seneca had completed the SL-2 application and <br />submitted the required newspaper notice for publication prior to the intense storm events. Rather <br />than revise the application and re-publish the notification, Seneca agreed that they would accept a <br />proposed decision by the Division to exclude the entire South Extension (lands within Sections 26, <br />27, 34, and 35; T5N R88W) from the area to be approved within SL-2. <br />A summary of the bond release inspection and any concerns identified are detailed in the October 15-16, <br />2009 inspection report that was issued January 4, 2010. One adequacy letter was sent to SCC on <br />December 4, 2009 addressing retention of roads. SCC responded by submitting Technical Revision 68 <br />on December 22, 2009. The Division forwarded a preliminary adequacy review letter (PAR) to the <br />operator on January 5, 2010. SCC has not yet provided responses to the PAR. Documentation required <br />for permanent retention has been provided within the approved permit for Road "G" (former Haul Road <br />"G" reduced to 20' travel width for postmine access), and the Ridgeline Access Road (constructed to <br />provide access across the original permit area reclamation, from the end of "G" Road to junction with <br />Road "A" and Road "J", in the southern portion of the original permit area.) Required permanent <br />retention documentation has not yet been provided for other access and light use roads that were <br />included in the SL-2 application, and as such the additional road segments have been excluded from the <br />Division's proposed approval decision for SL-2. <br />6