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no signs of slumps or slides. No tension cracks, head scarps, or compression bulges were found. <br />All areas appeared to have positive drainage, with no low areas in the regraded areas that would <br />pond runoff There were no signs of excessive erosion (e.g., rills, gullies, or sediment fans). The <br />operator has made ample use of downed aspen trees in the bond release area for erosion control <br />(and for preventing motor vehicle access) by placing the downed trees across reclaimed roads. <br />Backfilling and grading on most of the disturbed sites has created gentle slopes having slope <br />lengths less than approximately 300 feet long, indicating surface flow is likely to drain across the <br />disturbed area chiefly as sheet -flow, rather than more erosive concentrated -flow. No berms or <br />other obstructions have been left on the downslope edges of disturbed areas that would impede <br />flow off of the disturbed lands. Reclaimed areas appeared to have sufficient live vegetation <br />cover, litter, and rock for sediment yield to be no more than adjacent undisturbed areas. <br />Summary and Conclusions <br />Based upon a review of the mine permit, the applicant's bond release application and site <br />inspections, the Division finds that MCC has backfilled, regraded and re- established drainage in <br />accordance with the approved reclamation plan on all of the MDW drill pads and associated <br />access roads. Additionally, the Division finds that all of the MDW's were sealed and marked in <br />accordance with the approved reclamation plan and applicable Rules. <br />IV. PROPOSED DECISION <br />Based on the observations above, the Division proposes to approve the Mountain Coal Company, <br />LLC's request for a Partial Phase I Bond Release for the West Elk Mine. This proposed decision <br />will release the applicant from reclamation liability for Phase I Bond Release criteria for the <br />methane drainage wells, well pads and access roads listed in Table 1, totaling 47.65 acres. The <br />Division proposes to release $470,488.00 for the Partial Phase I Bond Release SL -03. <br />PHASE I <br />In the two preceding bond releases, SL -01, SL -02, the Division released the liability and returned <br />bond monies to the operator for the requested areas. The previous bond releases applied to the <br />backfilling, regrading and drainage reestablishment for the thermal event area (SL -01) and the Lone <br />Pine Gulch facilities area (SL -02). An accounting of the West Elk Mine's bond release history, <br />including SL -03, is provided in the table below. <br />West Elk Mine SL -03 Findings 6 10 August 2012 <br />