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Bond Release on Pre-Law and Interim Program Areas Page -4- <br /> Surface Mining Control and Reclamation Act of 1977 Passed August 3, 1977. <br /> Initia Ru es Effective May 3, 1978. <br /> SMCRA introduced a three phase bond release system (519(c) ) and established a <br /> minimum liability period of ten years in Colorado (515(b)(20)). The three <br /> phases are the same as the permanent Colorado program: 1 ) up to 60% for <br /> backfilling and grading, 2) up to 85% for revegetation and water quality and <br /> 3) total release for successful completion of the reclamation plan and <br /> termination of the liability period. <br /> The initial program regulations established on the ground performance <br /> standards. Most of the Coal mines in Colorado were operating under existing <br /> permits and they did not submit new permit applications to conform with the <br /> SMCRA requirements until after the Colorado permanent program was approved <br /> December 15, 1980. For consideration of bond release the reclaimed land <br /> should be evaluated against the initial performance standards and the permit <br /> in effect at that time. These will have to be considered on a case by case <br /> basis. <br /> Below is a summary of the initial regulations: <br /> 715.13 Post-mining use of land. <br /> Generally say that all disturbed areas are to be restored to the <br /> pre-mining land use or to a higher and better use. <br /> 715.14 Backfilling and grading. <br /> The regarded land shall achieve approximate original contour. <br /> 715.15 Disposal of excess spoil . <br /> This section sets forth requirements for placing spoil in a controlled <br /> manner. <br /> 715.16 Topsoil handling. <br /> All topsoil is to be salvaged and replaced. <br /> 715.17 Protection of the hydrologic balance. <br /> Minimize disturbance to he prevailing hydrologic balance in order to <br /> prevent long-term adverse changes in the hydrologic balance. <br /> 715.18 Dams constructed of or impounding waste material . <br /> No waste material is to be used in or impounded by new dams without <br /> regulatory approval . <br /> 715.20 Revegetation. <br /> Require establishment of a diverse, effective, and permanent <br /> vegetative cover of species native to the area of disturbed land or <br /> species that will support the planned post-mining land uses. <br /> Standards for measuring success are required through use of an <br /> approved reference area. <br />