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II. CRITERIA FOR BOND RELEASE <br />Seneca requested Phase I bond release on 1,166.2 acres. As stated above, 402.85 acres in the South <br />Extension Area are being excluded due to erosional damage caused by an intense thunderstorm in the <br />late spring of 2009. Refer to Figure 1 for the locations of these areas. The Division evaluated 763.5 <br />acres in the original permit area for the SL-2 application. Under Colorado's Permanent Program, the <br />process of releasing the reclamation liability bond for a mine site is explained in Rule 3.03 and further <br />described in the Division's 1995 Guideline Regarding Selected Coal Mining Bond Release Issues. The <br />bond release process involves three phases. At Phase I, Rule 3.03.1(2) (a) states, "Up to sixty percent of <br />the applicable bond amount shall be released when the permittee successfully completes backfilling, <br />regrading, and drainage control in accordance with the approved reclamation plan." <br />Evaluation and inspection of the reclaimed areas was based on the specific requirements of the <br />reclamation plan and the functional requirements of the post-mining land use. Criteria for bond release <br />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 use; <br />5. Blending of regraded land to undisturbed areas; <br />6. The functioning of drainages with regard to knickpoints, blending at disturbance boundaries and <br />channel erosion; <br />7. Erosional features; and <br />8. Drainage control for the reclaimed area, including upslope diversions. <br />Seneca's approved reclamation plan was prepared in accordance with Rule 2.05.4. The plan for the <br />Seneca II-W Mine called for rough backfilling and grading to be completed within 180 days following <br />coal removal and not more than four spoil ridges behind the active pit. Some delays in contemporaneous <br />reclamation were approved during the course of mining. <br />The approved backfilling and grading plan for the Seneca II-W Mine is found in Volume 13, Tab 20 <br />of the Permit Application Package (PAP). Exhibit 20-2 shows the approved Post-mining topography <br />and Drainage Map. Pre-and Post-mining Cross-Sections are in Tab 20, Exhibit 20-4. Post Mining <br />Channel Profiles are in Exhibit 20-5. There were no variances from approximate original contour <br />(AOC) requirements or highwall reclamation requested or allowed in the permit area. Exhibit B of the <br />SL-2 application shows the constructed post-mining topography and drainages and depicts cross- <br />section locations; Exhibit C, Post Mine Cross-Section, provides representative cross-sections showing <br />final topography configuration and provides a comparison between the pre and post-mining <br />topography; and Exhibit D shows as-built drainage profiles. <br />As approved in the permit, final interior spoil grading was designed to produce a diverse topography <br />with slopes constructed at as shallow a grade as the conditions would allow. Final highwalls were <br />generally reduced to slopes of 3H: IV or flatter. In some cases backfill material was placed against <br />7