Laserfiche WebLink
Peabody Sage Creek Mining LLC <br />Peabody Sage Creek Mine <br />Pre -Law Area Bond Release Request July 2013 <br />approved postmining land use (livestock grazing and wildlife habitat). For the most part, grading <br />was done along contour to also minimize erosion. Any time operations were conducted on steep <br />slopes that could present safety concerns to the operators, grading was done in a direction other <br />than parallel to contour. Rill and gully surveys are conducted annually in the spring of each year <br />to locate areas that have experienced severe erosion or other signs of instability during spring <br />runoff from snowmelt and precipitation events. Minor rills and gullies have occurred and been <br />remediated over the past years <br />2. All available topsoil was to be removed and replaced on the backjilled and graded area. <br />The area of mining within this Pre -Law parcel was chsturbed before this requirement came into <br />effect. Therefore no topsoil was salvaged or replaced on the Pre -Law disturbance. <br />3. Rem <br />getation had to "establish a diverse, effective, and permanent vegetative cover native to the area of land that <br />was affected and was to be capable of se f- regeneration and plant succession without dependence on irrigation, soil <br />amendments or, fertili .Zer, at least equal in extent of cover to the natural vegetation of the area prior to any <br />mining. Introduced species could be utilised on a temporary basis as a method of preparing the land for <br />establishment of native species. <br />Quantitative sampling of the Pre -Law area was conducted in August 2012 by ESCO Associates. <br />The detailed results are contained in Attachment D, 2012 Vegetation Sampling Results. <br />Following is a summary of the results: <br />Cover: Total average vegetation cover was 26.8 percent. For herbaceous vegetation, total <br />average cover was 24.8 percent (required is 24.6 percent). Average species density was 10.6 <br />species per 100 sq.m. <br />The sampling sites for the 2012 revegetation monitoring are shown on Exhibit D, 2012 <br />Vegetation Sample Sites. <br />4. Bond release required the Board to affirmatively find that reclamation was successful and complete. This judgment <br />was to be based on completion of the reclamation plan, compliance with the n1les, and the land's capability to <br />sustain the planned land use. The Board could require gratiing to gauge tolerance to pressure and could release <br />bond in whole or in part. <br />Reclamation has been completed according to plans and in compliance with the approved <br />permit document. The land has proven capable to sustain the planned land use of wildlife <br />habitat and livestock grazing. The land is annually grazed in accordance with a grazing schedule <br />that is documented annually in the Annual Reclamation Report submitted to the Division. The <br />final determination will be based on the detailed results of the subsequent Division inspection to <br />verify compliance. <br />As stated previously, "The reclamation standards under previous Colorado laws were not as stringent as SMCKA <br />and therefore the bond release criteria must coincide with the law and permit in effect at the time reclamation was <br />conducted. " Review of the "old" regulations (pre- SMCRA) and the explanation provided in the 1986 <br />Permit Renewal Decision indicates nothing about three -phase bond release or floating bond <br />