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IL CRITERIA AND SCHEDULE FOR BOND RELEASE <br />PHASE I <br />The SL -05 application does not include a Phase I component. The entire disturbed area (both mine site <br />and loadout) was previously Phase I released. <br />PHASE II <br />Rule 3.03.1(2)(b) states, "Up to eighty -five percent of the applicable bond amount shall be released upon <br />the establishment of vegetation which supports the approved postmining land use and which meets the <br />approved success standard for cover... based on statistically valid data collected during a single year of <br />the liability period ". In regard to Phase II bond release, Rule 3.03.2(3)(b) also states, " No more than <br />sixty (60) percent of the bond shall be released so long as the lands to which the release would be <br />applicable are contributing suspended solids to streamflow or runoff outside the permit area in excess of <br />premining levels as determined by baseline data or in excess of levels determined on adjacent non -mined <br />areas." <br />Rule 3.03.1(5) states, "Release of bond coverage for liability associated with temporary drainage and <br />sediment control facilities including impoundments and conveying systems shall be authorized only after <br />final inspection, acceptance, and approval by the Division. Such approval shall be granted based on <br />determination by the Division that backfilling and grading, topsoiling, and reseeding of such facilities <br />have been completed in compliance with the approved plan. Vegetative cover must be adequate to <br />control erosion and similar to the reclaimed area or surrounding undisturbed area. Reclaimed temporary <br />drainage control facilities shall not be subject to the extended liability period of 3.02.3(2) or the bond <br />release criteria of 3.03.1(2)." The reclaimed pond is not subject to the 10 -year liability period, but needs <br />to meet the requirements of 3.03.1(5). <br />With regard to Phase II bond release for the loadout pond and loadout road (this application is Phase III <br />only at the mine site), the approved post- mining land use in the reclamation plan is rangeland and <br />wildlife habitat. Regarding topsoil depth, Table 59 in the PAP indicates that the target replacement <br />depth for topsoil is six inches at the mine site. The PAP does not identify a particular depth that is <br />required for the loadout (it was built in the early 1970s before topsoil salvage was required), but the <br />Division has determined in the past (see SL -04 findings) that the six inches of topsoil on the majority of <br />the loadout area is adequate. Regarding vegetative cover and erosion control for the reclaimed pond, the <br />relevant criteria are described in Rule 3.03.1(5) as noted above. <br />PHASE III <br />Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be released when the permittee <br />has successfully completed all surface coal mining reclamation operations in accordance with this <br />