2015-06-12_REVISION - C1980007 (3)

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there appeared to be good species diversity. Dominant grasses included bluebunch wheatgrass, slender wheatgrass and mountain brome. The dominant forbs appeared to be yarrow and alfalfa (the alfalfa was mainly on the borrow area). There were shrubs starting to grow along the margins of the disturbed areas, with Gamble's oak being the main shrub. The upper half of the power line corridor (as it moves up the side of the mountain) is completely filled in with oakbrush, so the disturbance is no longer visible. There was some musk thistle on the lower portion of the power line corridor and the portal area. The vegetation on drill pads 14-06, 14-07 and 14-08 was very good. There was good cover and there appeared to be good species diversity. Dominant grasses included bluebunch wheatgrass and slender wheatgrass. Forbs included yarrow and bluebell. There were shrubs starting to grow on the pads, with snowberry and Gamble's oak being the main shrubs. A review of the vegetation monitoring reports, which were conducted in 2012 and 2013, showed that all of the requirements of the reclamation plan, as it pertains to revegetation, have been met. Detailed information on the vegetation monitoring process and results can be found in the SL -06 application package. While protection of the hydrologic balance is also a Phase III Bond Release criterion, the Division is deferring any analysis at this time. The reason for this is the fact that the bond release areas are small areas that lie above vast workings that are still in communication with one another. Any determinations regarding the hydrology would be premature at this point. Summary and Conclusions Based upon a review of the mine permit, the applicant's bond release application and site inspections, the Division finds that MCC has met the requirements set forth in Rule 3.03 for the areas included in the partial Phase III Bond Release SL -06 application. IV. PROPOSED DECISION Based on the observations above, the Division proposes to approve the Mountain Coal Company, LLC's request for a Partial Phase III Bond Release for the West Elk Mine. This proposed decision will release the applicant from all liability for Phase III Bond Release criteria Lone Pine area, Thermal Event area and the West Point area, totaling 24.2 acres. The Division proposes to release $69,761.00 for the Partial Phase III Bond Release SL -06. West Elk Mine 6 12 June 2015 Partial Phase III Bond Release SL -06 Findings