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Phase II Bond Release <br />Rule 3.03.1(2)(b) states, "Up to eighty -five percent of the applicable bond amount shall be <br />released upon the establishment of vegetation which supports the approved postmining land <br />use and which meets the approved success standard for cover based on statistically valid data <br />collected during a single year of the liability period ". In regard to Phase 11 bond release, <br />Rule 3.03.1(3)(b) also states, "No more than (60) percent of the bond shall be released so <br />long as the lands to which the release would be applicable are contributing suspended solids <br />to streamflow or runoff outside the permit area in excess of premining levels as determined <br />by baseline data or in excess of levels determined on adjacent nonmined areas ". <br />Although not specifically addressed in Rule 3.03, the Division evaluates topsoil replacement <br />in conformance with Rule 4.06 and permit requirements as a component of Phase II bond <br />release. <br />For Phase II bond release, a statistically valid, hypothesis- test -based demonstration that the <br />applicable cover standard has been achieved is required. For the PSCM, the demonstration <br />entails comparison based on results of statistically adequate samples of cover in the bond <br />release block and the applicable reference area. <br />The final reclamation plan for the Peabody Sage Creek Mine includes retention of numerous <br />permanent facilities to support the postmining land use. Permanent facilities within the Peabody <br />Sage Creek Mine SL -01 release area include roads and associated culverts, permanent <br />impoundments, a sediment pond approved for permanent retention and stock ponds. The two <br />different range community standards that the reclaimed parcels are compared to are Mountain <br />Brush Reference Area and Sagebrush Reference Area. <br />With regard to Phase 11 bond release, SCC applied via SL -03 for the Seneca 11 Mine for a partial <br />phase II bond release of 1213.1 acres of interim program and permanent program lands within <br />the current Peabody Sage Creek Mine and the current Seneca II Mine permit areas. Of the <br />1213.1 acres, approximately 1161.6 acres were in the current Peabody Sage Creek Mine permit <br />area, and approximately 51.5 acres were within the current Seneca II Mine permit area. SL -03 <br />was approved on April 1, 2009. PSCM's approved reclamation plan prepared in accordance <br />with Rule 2.05.4 is contained in Volume IA, Tab 2.05.4 of the approved permit application <br />package (PAP). All of the lands within the Peabody Sage Creek Mine SL -01 application have <br />an approved Rangeland/Wildlife Habitat postmining land use. <br />IV. OBSERVATIONS AND FINDINGS <br />The initial bond release inspection for this bond release application (SL -0Ifor the Peabody Sage <br />Creek Mine) was conducted on June 14, 2011. During the inspection, the majority of the BRB- <br />4 associated with SL -01 was visual assessed for compliance with pertinent requirements. Geo- <br />rectified maps and GPS were utilized to verify location of permanent features and to record field <br />data relevant to specific site locations. In addition, relevant documentation developed over the <br />life of the operation, including information from operator annual reports and prior Division <br />Peabody Sage Creek Mine Page 8 July 22, 2013 <br />Phase 11 Bond Release <br />