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cowN*m? Seneca Coal Company <br />February 23, 2011 <br />Theresa M. Berrien <br />PO Box 1614 <br />Hayden, CO 81639-1614 <br />RE: Yoast Mine Phase U (SL-3) Bond Release Application <br />To Whom It May Concern: <br />Seneca Coal Company, P.O. Box 670, Hayden, Colorado 81639, intends to request release of Phase II <br />bond liability on 628.6 acres of its reclaimed lands at the Yoast Mine (CDMG Permit No. C-94-082, <br />approved August 5, 1995). A surety bond in the amount of $4,305,484 is currently in place of which <br />$2,154,845 is being requested for release. Pursuant to Rule 3.03.1, a permittee may request Phase II Bond <br />release upon the establishment of vegetation which supports the approved post-mining land use. Those <br />portions of the mine (628.6 acres) for which Phase II bond release is requested were topsoiled and seeded <br />• from 2001 through July 2007 in accordance with the Colorado Division of Reclamation, Mining and <br />Safety (Division) rules and regulations. The approved reclamation plan can be reviewed in its entirety in <br />the Seneca Yoast Mine Permit Application Package located in the Hayden Public Library, Hayden, <br />Colorado. <br />Vegetation establishment will be considered acceptable if the cover of the revegetated area is at least <br />90 percent of the cover from the reference area or other standard with 90 percent statistical <br />confidence (Rule 4.15.8). <br />Phase II bond release is being requested for areas where Phase I bond has been released previously at the <br />Yoast mine. These lands have established vegetation that is at least two years old and are able to support <br />the approved post-mining land use. Phase 11 revegetation success evaluations were based on the <br />applicable success standard requirements spelled out in Chapter 22 of the Yoast mine permit, Rule <br />3.03.1(2)(b) and Rule 4.15.8 and the Division's Guideline Regarding Selected Coal Mine Bond Release <br />Issues (April 1995). Establishment of vegetation is demonstrated by meeting the appropriate cover <br />success standard based on statistically adequate sampling. Species composition and representation of the <br />species to meet final diversity requirements is addressed by the vegetation cover, data and evaluations <br />using species diversity assessments included in Chapter 22. <br />0 <br />Seneca Coal Company • P.O. Box 670 • Hayden, Colorado 81639 <br />Telephone (970) 276-5217• FAX (970) 276-5222