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Total 1.65 acres excluded <br />SL-2 Exclusion Areas <br />Areas excluded from the SL-2 application that were not requested in the SL-3 application include <br />the "A" Pit Highwall Slump and the Oil Well Road. These areas (10.37 acres) remain excluded <br />from Phase I bond release. <br />Areas not requested for Phase I bond release in either the SL-2 or SL-3 applications, and therefore <br />not released, include the Tie-Across Haul Road, the Mine Entrance Haul Road, the running surface <br />of Road "J" in the South Extension Area, culverts associated with the unreleased haul roads, the <br />powerline light use road (LU-1B), the sediment ponds, and the stock tanks. The status of bond <br />release for all permitted disturbed acreage is shown on Figures 4a, 4b, and 4c. <br />Based upon a review of the mine permit, the applicant's bond release application, and site <br />inspections, the Division finds that SCC has completed backfilling, grading and drainage <br />reestablishment at all other areas of the Seneca II-W Mine for which Phase I bond release was <br />requested in accordance with the approved reclamation plan. The reclaimed areas included within <br />the SL-3 bond release request have been restored to the approximate original contour of the pre- <br />mining landscape. Slopes conform to post-mining contours as shown on the approved <br />Postmining Topography Map of the permit (Exhibit 20-2) and appear to be stable. Proper <br />blending of reclaimed areas with undisturbed slopes was achieved; reconstructed drainages, with <br />the exceptions of PM-2D and PM-4D are stabilizing and in good condition. Minor hillslope <br />erosion and minor channel erosion was noted, but the extent and nature of the erosion observed <br />is considered a maintenance item to be addressed in the context of the Annual Rill and Gully <br />Plan. The Division finds that SCC has achieved the requirements for Phase I bond release for <br />412.35 acres at the Seneca II-W Mine. <br />IV. PROPOSED DECISION <br />Based on the observations above, the Colorado Division of Reclamation, Mining, and Safety <br />proposes to partially approve Seneca Coal Company's request for a Phase I bond release for the <br />Seneca II-W Mine. This proposed decision will release the applicant from liability for backfilling, <br />grading, and drainage reestablishment on 412.35 acres of the site, as shown on Figures 3a and 3b of <br />this document. SCC originally requested that 414 acres be released. Specifically excluded from the <br />Phase I bond release decision are 1.65 acres for drainage channel reconstruction of PM-2D and PM- <br />4D, these areas are depicted on Figures 4c and 4b, respectively. <br />Phase I <br />The Division holds a performance bond in the amount of $9,078,860.00 for the Seneca II-W Mine. <br />SCC requested a release of $2,641,250.00. The Division proposes to release $2,335,430.00. The <br />remaining bond liability, after the proposed release for SL-3 and as updated for current costs, will be <br />$6,743,430.00. Table 1 provides a summary of the bond release. On the table, "DBMS Costs" is <br />the current bond amount by task as calculated at the time of the first Phase I release (SL-2), "SCC <br />Release Request Amount' 'is the amount requested by SCC in the SL-3 application, and "DRMS <br />Page 19 of 22