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Basil Bear, BRL 12- Jan -2015 <br />C- 1981 -038 / SL -05 / Adequacy Review Page 2 of 3 <br />Inspection and Evaluation by the Division 3.03.2(2) <br />A Bond Release Inspection was convened on October 28, 2014. There are two surface owners <br />for the areas covered by SL -05: the Bureau of Land Management (BLM) and Bowie Resources, <br />LLC (BRL). These two entities and the Office of Surface Mining (OSM) were notified of and <br />participated in the inspection. A report documenting observations made during the inspection <br />was issued by the Division on December 9, 2014. <br />Adequacy Review <br />The application package for SL -05 included the following items: <br />• Cover letter and public notice <br />• Addresses and certificate of service for notices made to adjacent landowners and governing <br />bodies <br />• Phase II Bond Release Revegetation Evaluation Report (Dec -2013) prepared by Cedar Creek <br />Associates <br />• Figure 1 - "West Mine Phase I & II Bond Release" <br />These materials have been evaluated for adequacy with respect to the Act and Regulations. The <br />Division's "Guideline Regarding Selected Coal Mine Bond Release Issues" was also consulted. <br />For the Phase I bond release area, the size is represented as 0.45 acres in Item 7 of the <br />cover letter and on Figure 1. During the inspection, we noted that the area appeared to be <br />larger than 0.45 acres — perhaps double that size. Please update the area for which Phase <br />I release is being requested, as appropriate. <br />2. The success criteria in the Revegetation Evaluation Report — December 2013 by Cedar <br />Creek Associates states that the total plant cover for the East Mine must be > 90% of the <br />total plant standard of 40% (36 %). This would normally be a correct statement according <br />to Rule 4.15.11(2)(a); however, the permit (Volume 9A, Vegetation -Part 2, page 6) states <br />that the vegetation for the East Mine will be considered successful if the "total vegetation <br />ground cover exceeded 40 percent." Therefore, the ground cover must be greater than <br />40% and in this particular case, the 90% rule does not apply. The wording for the <br />standard needs to be corrected in the application report on pages 6, 7, 12 and 14. The <br />vegetative cover at the ROM area (part of East Mine) was 54.27 %, well above the <br />standard, and it is still eligible for Phase II bond release. The vegetative cover standard <br />for the West Mine is correct as it is written in the application. <br />3. The success criteria for Phase III bond release of the East and West mining areas listed on <br />page 6 and 7 of the Revegetation Evaluation Report- 2013 by Cedar Creek Associates are <br />not consistent with the permit. Although this application is not applying for Phase III <br />bond release, the following items should be addressed for consistency and accuracy: <br />