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III. CRITERIA FOR BOND RELEASE <br />Phase I Bond Release <br />The Division evaluated Colowyo's request for Phase I Bond Release on 692.37 acres in the SL -06 <br />application, as shown on Figures 1 - 3 of this document. Under Colorado's Permanent Program, the <br />process of releasing the reclamation bond for a mine site is explained in Rule 3.03 and further <br />described in the Division's 1995 Guideline Regarding Selected Coal Mining Bond Release Issues. <br />The bond release process involves three phases. At Phase I, Rule 3.03.1(2) (a) states, "Up to sixty <br />percent of the applicable bond amount shall be released when the permittee successfully completes <br />backfilling, regrading, and drainage control in accordance with the approved reclamation plan." <br />Evaluation and inspection of the reclaimed areas was based on the specific requirements of the <br />reclamation plan and the functional requirements of the post- mining land use. Criteria for bond <br />release included the following. <br />1. Hillslope and drainage channel gradients and general design compliance; <br />2. Performance of the reconstructed topography. Symptoms of failure or instabilities such as <br />slumping or exposed highwalls were examined; <br />3. Hillslope design/function with regard to erosion; <br />4. Swales and depressions with regard to numbers of features and effect on post- mining land <br />use; <br />5. Blending of regraded land to undisturbed areas; <br />6. The functioning of drainages with regard to knickpoints, blending at disturbance boundaries <br />and channel erosion; <br />7. Erosional features; and <br />8. Drainage control for the reclaimed area, including upslope diversions. <br />Colowyo's approved reclamation plan was prepared in accordance with Rule 2.05.4. Colowyo was <br />granted a variance for contemporaneous reclamation for the East Pit and West Pit due to the <br />nature of multi -seam mining. Backfilling and rough grading commenced once a steady -state <br />condition was reached in each of the pits. <br />The approved backfilling and grading plan for the Colowyo Mine is found in Volume 1 of the <br />permit application package. Map 19 shows the approved post- mining topography, Map 29 <br />shows the backfilling and grading schedule, and Map 41 shows the location of the permanent, <br />post- mining drainage channels. The pre- mining and post- mining cross - sections are shown on <br />Map 20 and the permanent drainage channel profiles are shown on Map 33. There were no <br />variances from approximate original contour (AOC) requirements or highwall reclamation <br />requested or approved in the RN -06 areas. Exhibits 2A and 2B of the SL -06 application show the <br />constructed post- mining cross - sections. Exhibits 3A and 3B of the application show the as -built <br />profiles of ditches. <br />Proposed Decision and Findings of Compliance April 2013 <br />Partial Phase I Bond Release SL -06 Page4 <br />