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Based upon a review of the mine permit, the applicant's bond release application, and site <br />inspections, the Division finds that CCC has completed backfilling, grading, drainage <br />reestablishment, topsoil replacement and revegetation at the Colowyo Mine for which Phase I and <br />Phase II Bond Release was requested in accordance with the approved reclamation plan, with the <br />exception of the two exclusion areas noted above. The reclaimed areas included within the SL-04 <br />bond release request have been restored to the approximate original contour of the pre-mining <br />landscape. Slopes conform to post-mining contours as shown on the approved Postmining <br />Topography Map of the permit (Map 19) and appear to be stable. Proper blending of reclaimed <br />areas with undisturbed slopes was achieved and reconstructed drainages, although not being <br />released, are stabilizing and in good condition. Topsoil has been replaced in accordance with the <br />approved reclamation plan, the areas have been reseeded as required and the bond release areas <br />have been reclaimed for a post-mining land-use of rangeland and wildlife habitat. CCC has <br />successfully demonstrated that the cover on the Phase II Bond Release areas meets or exceeds <br />the cover on the reference areas and that the contribution of suspended solids to streamflow does <br />not exceed that of the pre-mined lands. The Division finds that CCC has achieved the <br />requirements for Phase I Bond Release on 494.2 acres and Phase II Bond Release on 420.9 acres <br />at the Colowyo Mine. <br />V. PROPOSED DECISION <br />Based on the observations in Section IV above, the Colorado Division of Reclamation, Mining, and <br />Safety proposes to partially approve Colowyo Coal Company, LP's request for a partial Phase I and <br />Phase II Bond Release for the Colowyo Mine. This proposed decision will release the applicant <br />from liability for backfilling, grading, and drainage control reestablishment on 494.2 acres of the <br />site, as shown on Exhibit 1 of the SL-04 application. This proposed decision will also release the <br />applicant from liability for topsoil replacement and initial seeding on 420.9 acres of the site, as <br />shown on Exhibit 2 of the SL-04 application. CCC originally requested that 432.7 acres be Phase II <br />Bond Released. Specifically excluded from the Phase II bond release decision are 11.8 acres for <br />excessive annual brome cover in reclamation blocks WPO10 (in its entirety) and EP041 (6.1 acres in <br />the northeast corner). <br />Phase I <br />The Division holds a performance bond in the amount of $83,156,939.00 for the Colowyo Mine. <br />CCC has not requested a release of any bond monies for the Phase I Bond Release areas. Based on <br />the Division's "floating bond" concept, the backfilling and grading dollars have "floated" off of <br />these areas and onto active or final cut pit areas. This partial Phase I Bond Release is only a release <br />in the liability for performing the required backfilling and grading work in the SL-04 areas. <br />Phase II <br />CCC has requested a release of $2,197,198.00 for the partial Phase II Bond Release areas included <br />in the SL-04 application for the replacement of topsoil and the initial seeding of the areas. The <br />Proposed Decision and Findings of Compliance 2 May 20 t 1 <br />Partial Phase I/II Bond Release SL-04 Page 13