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area. The average topsoil depth found was 8.7 inches. This is slightly less than the required 10 inches <br />for Mine Area No. 1. During the SL2 process the topsoil replacement depths were questioned by the <br />Division for Mine Areas 1 and 3. It was found that the entire amount of topsoil salvaged from Mining <br />Areas Nos. l and 3 appears to have been replaced during reclamation of the mined areas. This included <br />the 3.4 acres associated with the Topsoil Stockpile No. 1 area. Topsoil stockpiles that remained within <br />the permit area were derived from topsoil salvaged for construction of haul roads or ponds. Therefore, <br />the Division concluded that the replaced thicknesses accurately reflect the volume of topsoil available <br />from the mined areas prior to disturbance. Topsoil was removed from Topsoil Stockpile No. 2 to <br />reclaim the Pond A area. At this time the Division concurs with its original finding during the SL2 bond <br />release process that the replaced topsoil thicknesses reflect the volume of topsoil available from the <br />mined areas prior to disturbance and is adequate for the 3.4 acres associated with Topsoil Stockpile No. l <br />area and the Pond A area. <br />Summary and Conclusions <br />Based upon a review of the mine permit, the applicant's bond release application, and site inspections, <br />the Division finds that Honeywood Coal Company has replaced topsoil in accordance with the approved <br />reclamation plan. Honeywood Coal Company has established vegetation which supports the approved <br />post mine land use and meets the approved success standard for vegetative cover. The Division finds <br />that the reclaimed area subject to this bond release is not contributing suspended solids to streamflow or <br />runoff outside the permit area in excess of premining levels or in excess of adjacent nonmined areas. <br />The Division finds the 1.6 acres associated with Pond A disturbance and the 3.4 acres associated with <br />Topsoil Stockpile No. 1 area have met the Phase II bond release requirements. <br />PHASE III <br />The criteria that must be met for a Phase III Bond Release are completion of the period of extended <br />liability, revegetation success, suitability of land for the post mining land use and protection of the <br />hydrologic balance. <br />Period of Extended Liability <br />The period of extended liability is a minimum of ten years for the Hamilton Mine. Reclamation for the <br />proposed Phase III parcels was completed in 1993, 1995 and 1998. Vegetation surveys were completed <br />in July of 2010 and August 2011 as per Rule 4.15.7(5). There was no additional work performed at the <br />mine site that would extend the liability period. Drainage collection ditch and sediment pond <br />impoundment removal and reclamation are exempt from a minimum liability period under Section <br />3.03.1(5). The ten -year liability period following seeding in 1998 expired in 2008; therefore, the <br />Division finds that the Hamilton Mine meets the requirement of section 3.02.3 for a 10 year liability <br />period for vegetation. <br />Page 9 of 16 <br />