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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 Phase II <br />bond release included the following (if applicable). <br /> <br />1. Although not specifically addressed in Rule 3.03, the Division evaluated topsoil <br />replacement in conformance with Rule 4.06 and permit requirements as a component of <br />Phase II bond release; <br />2. Vegetative cover and “bare areas”; <br />3. Species composition were visually evaluated and generally corresponded to the same data <br />presented in the application; <br />4. Erosional features; <br />5. The condition of the sediment pond or ponds and any need of maintenance; <br />6. Construction and performance of permanent impoundments. <br /> <br />For Phase II bond release, a statistically valid, hypothesis-test-based demonstration that the <br />applicable cover standard has been achieved is required. For the Bowie No. 2 Mine Phase II <br />bond release areas, the reclaimed areas must achieve at least 90% of the perennial vegetation <br />cover of the approved reference area sample mean at the 90% confidence level. Noxious weed <br />cover may not count towards vegetation success standards. If sample adequacy is not obtained <br />from the direct comparison of the reclaimed lands and the reference area, statistical testing of the <br />ground cover parameters is required. <br /> <br />With regard to the Phase II bond release portion of SL-01, BRL provided a soil loss comparison <br />for the areas associated with the SL-01 application with Technical Revision No. 104, approved <br />on June 8, 2015. <br /> <br />PHASE III <br /> <br />Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be released when the <br />permittee has successfully completed all surface coal mining reclamation operations in accordance <br />with this approved reclamation plan, and the final inspection procedures of 3.03.2 have been <br />satisfied. This shall not be before the expiration of the period specified for revegetation <br />responsibility in 3.02.3." Rule 3.03.1(4) states, “No bond shall be fully released until all <br />reclamation requirements of these Rules and the Act are fully met...". The same rule goes on to <br />state, “No acreage shall be released from the permit area until all surface coal mining and <br />reclamation operations on that acreage have been completed in accordance with the approved <br />reclamation plan." <br /> <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 Phase III <br />bond release included the following (if applicable). <br /> <br />1. Revegetation success; <br />2. The functioning of the reclaimed land to serve the post-mining land use; <br />3. Erosional features; <br />4. Surface and groundwater impacts;