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inspection Jim Stark representing the Division, Kathy Welt representing MCC, Dan Gray <br />representing the US Forest Service and Desty Dyer representing the US Bureau of Land <br />Management attended the inspection. The OSM was contacted but could not attend the inspection. <br />III. CRITERIA FOR BOND RELEASE <br />Phase II Bond Release <br />The Division evaluated the West Elk Mine's request for Phase II bond release on 67.6 acres in the <br />SL -04 application. The requested areas were reclaimed between 1996 and 2008 and included the <br />Lone Pine Gulch facilities area, the 2000 thermal event area and methane drainage well pads and <br />roads from nine different drilling areas. Under Colorado's Permanent Program, the process of <br />releasing the reclamation bond for a mine site is explained in Rule 3.03 and further described in the <br />Division's 1995 Guideline Regarding Selected Coal Mining Bond Release Issues. The bond release <br />process involves three phases. At Phase II, Rule 3.03.1(2) (b) states, "Up to eighty -five percent of <br />the applicable bond amount shall be released upon the establishment of vegetation which <br />supports the approved postmining land use and which meets the approved success standard for <br />cover... evaluation of vegetation establishment pursuant to this paragraph is based on statistically <br />valid data collected during a single year of the liability period." <br />Additionally, Rule 3.03.1(3) (b) states, 'No more than sixty (60) percent of the bond shall be <br />released so long as the lands to which the release would be applicable are contributing suspended <br />solids to streamflow or runoff outside the permit area in excess of premining levels as <br />determined by baseline data or in excess of levels determined on adjacent nonmined areas..." <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. Topsoil replacement thickness <br />2. Vegetative cover and "bare areas" <br />3. Species composition will be visually evaluated, and should generally correspond to the same <br />date presented in the application <br />4. Erosional features <br />5. The condition of the sediment pond or ponds and any in need of maintenance <br />6. Construction and performance of permanent impoundments <br />West Elk's approved reclamation plan was prepared in accordance with Rule 2.05.4. The approved <br />reclamation plan and revegetation plan for the West Elk Mine are found in Volume 1 of the <br />permit application package (PAP). Exhibit 80, which is also found in the West Elk PAP, <br />provides specific detail regarding the methane drainage wells (MDW's) and associated roads. <br />West Elk provided vegetation monitoring reports for the Phase II Bond Release areas in the SL -04 <br />application. West Elk also provided sediment loss data in the "Sedimentology Evaluation" portion <br />Proposed Decision and Findings of Compliance 7 July 2013 <br />Partial Phase II Bond Release SL -04 Page 3 <br />