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undisturbed areas. Since the post- mining soil loss is less than the pre- mining soil loss, the <br />Division finds that the reclaimed Phase II Bond Release lands are not contributing suspended <br />solids to streamflow in excess of premining levels. <br />Summary and Conclusions <br />The Division has completed its review and evaluation of the SL -04 Partial Phase II Bond Release <br />application submitted by Mountain Coal Company, LLC for the West Elk Mine. The Division will <br />propose a partial Phase II Bond Release on 67.6 acres. The Division is not proposing to release any <br />areas or other lands not specifically shown or described in this document and/or the SL -04 <br />application. <br />Based upon a review of the mine permit, the applicant's bond release application, and site <br />inspections, the Division finds that Mountain Coal has completed topsoil replacement and <br />revegetation at the West Elk Mine for which Phase II Bond Release was requested in accordance <br />with the approved reclamation plan. Topsoil has been replaced in accordance with the approved <br />reclamation plan, the areas have been reseeded as required and the bond release areas have been <br />reclaimed for a post- mining land -use of rangeland and wildlife habitat. Mountain Coal has <br />successfully demonstrated that the cover on the Phase II Bond Release areas meets or exceeds <br />the cover standard and that the contribution of suspended solids to streamflow does not exceed <br />that of the pre -mined lands. The Division finds that Mountain has achieved the requirements for <br />Phase II Bond Release on 67.6 acres at the West Elk Mine. <br />V. PROPOSED DECISION <br />Based on the observations in Section IV above, the Colorado Division of Reclamation, Mining, and <br />Safety proposes to APPROVE Mountain Coal Company, LLC's request for a partial Phase II Bond <br />Release for the West Elk Mine. This proposed decision will release the applicant from liability for <br />topsoil replacement and initial seeding on 67.6 acres of the site, as shown on Figure 1 of the SL -04 <br />application. <br />The currently required liability at the West Elk Mine is $14,140,134.00 and the Division currently <br />holds a bond in the amount of $15,000,000.00. The Division proposes to release $196,037.00 for <br />the partial Phase II Bond Release areas included in the SL -04 application for the replacement of <br />topsoil and the initial seeding of these areas. The remaining bond liability at the West Elk Mine, <br />after the proposed release for SL -04 and as updated for current costs, will be $13,944,097.00. Costs <br />proposed for release are associated with topsoil replacement and initial vegetation establishment. <br />The release amount is based on releasing up to 25% of the initial applicable bond amount for the <br />areas included in the Partial Phase II Bond Release application SL -04 pursuant to Rule 3.03.1(2)(b). <br />The proposed amount to be released for the partial Phase II Bond Release is less than the eighty -five <br />percent of the full required surety for the applicable area pursuant to Rule 3.03.1(2) (b). The <br />remaining bond liability of $13,944,097.00 is sufficient to complete all remaining reclamation work <br />Proposed Decision and Findings of Compliance 7 July 2013 <br />Partial Phase II Bond Release SL -04 Page 6 <br />