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and there is virtually no runoff from the reclaimed area, a sediment loss demonstration was not <br />required. <br />For Phase III bond release, Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall <br />be released when the permittee has successfully completed all surface coal mining reclamation <br />operations in accordance with this approved reclamation plan, and the final inspection procedures of <br />3.03.2 have been satisfied. This shall not be before the expiration of the period specified for <br />revegetation responsibility in 3.02.3." Rule 3.03.1(4) states, "No bond shall be fully released until <br />all reclamation requirements of these Rules and the Act are fully met... ". The rule further states, " <br />No acreage shall be released from the permit area until all surface coal mining and reclamation <br />operations on that acreage have been completed in accordance with the approved reclamation plan." <br />Another important evaluation criterion for bond release was the establishment of the <br />industrial /commercial post -mine land use. With final approval of PR -4 in February 2009, the <br />Unit Train Loadout area was approved as "Industrial" for its post- mining land use. Rule <br />3.02.3(2)(c) requires that for lands with approved industrial or commercial, or residential post - <br />mining land use, the minimum period of liability shall continue until the permittee demonstrates <br />that development of such land use has substantially commenced and is likely to be achieved, and <br />until compliance with the revegetation requirement of 4.15.10(2) or alternative requirements of <br />4.15.10(3) is demonstrated. <br />Based on Division inspections and reviews of monitoring data, the Division fords that SCC has <br />successfully completed all reclamation operations in accordance with the approved reclamation plan <br />and with the Act and Rules. The industrial post mine land use has been fully established and the <br />provisions of Rule 4.15. 10 revegetation success criteria for areas to be developed for Industrial <br />use have been complied with. Specific discussion of the operator's compliance with the above <br />referenced regulatory provisions is included below in Section 111, Observations and Findings, of this <br />document. <br />Page 9 <br />