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The application was deemed complete on April 19, 2011, after the Division received proof <br />of publication of the applicant's public notice. Seneca Coal Company published notice of <br />the bond release application in The Steamboat Pilot once weekly for four consecutive <br />weeks, beginning March 6, 2011. Seneca Coal Company also notified land owners within <br />and adjacent to the mine permit area, and other interested parties of the application for bond <br />release, as required by Rule 3.03.2(1). <br />No comments, written objections, or requests for an informal conference regarding the bond <br />release application were received by the Division. <br />The Division scheduled and conducted a bond release inspection on July 19 and 20, 2011. <br />The site inspection was conducted in accordance with Rule 3.03.2(2). Because of weather <br />and ground conditions, the site inspection was not held within 30 days of the application <br />being deemed complete. The Division notified all landowners, by certified mail, of the <br />inspection date. Landowners present during portions of the inspection were Mark Stewart, <br />representing Xcel Energy; Mabel and Filimon Salazar; and Larry Kunkle representing John <br />Patrick. Lisa Ricks telephoned the Division office inquiring about the inspection, but did <br />not attend the site visit. <br />Adequacy questions were sent to the operator on August 30, 2011. The Division received a <br />response on September 7, 2011. The Division sent another adequacy letter on September <br />30, 2011; SCC responded on November 29, 2011. The Division transmitted a third round <br />of adequacy issues on January 10, 2012, and SCC's January 12, 2012 response addressed all <br />of the Division's remaining adequacy concerns. <br />II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />Rule 3.03.1(2)(b) states, "Up to eighty -five percent of the applicable bond amount shall be <br />released upon the establishment of vegetation which supports the approved postmining land <br />use and which meets the approved success standard for cover... based on statistically valid <br />data collected during a single year of the liability period ". <br />With regard to Phase II bond release, the approved reclamation plan calls for replacement of <br />topsoil to a mean depth of 1.8 feet (21.6 inches) on final graded spoil. The approved <br />replacement depth for reclaimed portions of Haul Roads A and B is 1.1 feet (13.2 inches), <br />with a 0.5 foot (6 inches) minimum depth. <br />The approved revegetation plan will achieve a primary postmining land use of livestock <br />grazing and a secondary use of wildlife habitat. It will establish five primary vegetation <br />types: shrub grassland upland areas in the mine area and haul road corridor, upland shrub <br />sites, mesic drainage tree and shrub sites, mesic drainage areas in the mine area, and <br />alkaline lowlands in portions of the haul road corridor. In addition to seeding a mixture of <br />grasses, forbs, and shrubs, on regraded areas where topsoil has been redistributed, selected <br />areas received supplemental shrub seeding, planting, and transplanting. <br />The revegetation success standard for cover is based on comparisons, based on statistically <br />valid sampling, of the reclaimed areas to extended reference areas located in undisturbed <br />areas within the permit boundary, and is considered successful when cover in the reclaimed <br />area is not less than 90% of the cover in the reference area with 90% statistical confidence. <br />Yoast Mine C- 1994 -082 Page 4 of 17 Phase II Bond Release SL -3 <br />