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The Division finds that revegetation efforts on the bond release areas are adequate to control <br />erosion and that the reclaimed areas are not contributing suspended solids to streamflow or <br />runoff outside the permit area in excess of levels determined on 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 the Seneca Coal Company, LLC. has replaced topsoil and <br />established permanent vegetative communities that support the post - mining land use in <br />accordance with the approved reclamation plan. The Division finds that the reclaimed lands <br />are not contributing suspended solids to streamflow or runoff outside the permit area in excess <br />of pre- mining levels. <br />V. PROPOSED DECISION <br />Based on the observations above, the Division proposes to approve Seneca Coal Company, <br />LLC's request for a Phase II bond release for the Seneca II Mine. This proposed decision will <br />release the applicant from Phase 11 reclamation liability for bond release blocks 3, 4 and 5, <br />totaling 219.7 acres. <br />With the approval of this SL -5 bond release, the entire disturbance of 271.2 acres associated <br />with the Seneca II Mine has achieved Phase II bond release status. The required inspection <br />frequency for the Seneca II Mine will be reduced from four complete and eight partial <br />inspections per year to four complete inspections per year, per Rule 5.02.2(4)(b). <br />Bond release parcels included in the SL -05 Phase II bond release application have not been <br />evaluated for Phase III reclamation success criteria. The reclamation cost estimate was last <br />evaluated and updated in January 2012 during RN06. Backfill and grading, redistribution of <br />topsoil, and re- establishment of vegetation costs were calculated at that point in time. Upon <br />finalization of this bond release (SL -05), the Division estimates the cost to complete remaining <br />reclamation work at the site to be $429,423.55, which is the difference between $665,763.78 <br />and $236,340.23 (SL -5). The Division currently holds a $665,764.00 surety for the Seneca 11 <br />Mine. The remaining $429,423.55 is sufficient to assure completion of the remaining <br />reclamation work at the site if the work had to be performed by the Division. <br />Table 5 — Remaining Liability Acreage at the Seneca 11 Mine <br />Remaining Liability Acreage After Bond Release <br />Interim and Permanent Program Areas <br />Phase I <br />Remaining <br />Phase 11 <br />Remaining <br />Phase III <br />Remaining <br />SL -5 <br />0 <br />0 <br />271.2 <br />Pre -Law Areas <br />SL -5 <br />0 <br />0 <br />0 <br />Seneca II Mine Page 12 September 10, 2012 <br />Phase 11 Bond Release <br />