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III. OBSERVATIONS AND FINDINGS <br />PHASE I <br />It was found during the review of the SL -09 application that the areas requested for bond release <br />have already been granted Phase I bond release with the approval of either SL -02 or SL -08. <br />PHASE II & III <br />Topsoil Replacement <br />The following areas were requested for Phase II and/or Phase III bond release with the SL -09 <br />application; # 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12. All of these areas with the exception of areas <br />#7, #8 (Ponds 8 and 9) and # 12 have a topsoil replacement depth requirement of 6 inches. Ponds <br />8 and 9 were disturbed prior to the requirement to salvage topsoil. No surface disturbance is <br />associated with area #12. During the October 6, 2016 bond release inspection, the Division <br />evaluated topsoil replacement depths. The average topsoil replacement depth measured during the <br />inspection was found to be 7.23 inches. Given this, it appears topsoil was replaced on these areas <br />at the required depth. <br />Vegetation Cover <br />For areas requested for Phase II bond release only (areas #9,10 and 11), SCC must demonstrate <br />that the reclaimed parcels have vegetation established which supports the approved post -mining <br />land use and which meets the approved success standard for cover. <br />For areas #1, 2, 3, 4, 5, 6, 7 and 8 requested for both Phase II and/or Phase III bond release, <br />these areas were reclaimed drainage and sediment control facilities, including impoundments <br />and conveying systems, or were areas affected in order to reclaim such facilities. In accordance <br />with Rule 3.03.1(5), these areas are not subject to the 10 -year liability period of Rule 3.02.3(2) <br />or the other relevant bond release criteria of Rule 3.03.1(2). Also, the vegetation cover must be <br />sufficient to control erosion and must be similar to the reclaimed area or surrounding <br />undisturbed area. Nevertheless, SCC conducted vegetation sampling and submitted a <br />revegetation monitoring report to demonstrate that these bond release areas have vegetation <br />cover that meet the approved success standard for vegetation cover even though the rules do <br />not require such a demonstration for these areas. <br />Determination of revegetation success in fish and wildlife habitat post -mine land use areas will <br />be based upon sample data comparison of reclaimed areas with the Shadscale Reference Area. <br />For Phase II bond release, successful vegetation cover for a reclaimed area is achieved if the <br />reclaimed area's perennial vegetation cover is at least 90% of the perennial vegetation cover <br />measured at the Shadscale Reference Area at a 90% confidence limit. The SL -09 bond release <br />areas were seeded at different times between the years 2008 and 2013. The SL -09 application <br />and the Roadside Mine annual reclamation reports provide details on when specific areas were <br />seeded. According to Tonya Hammond, the Pond 11 area was re -seeded in November of 2015 <br />C-1981-041, SL -09 Findings Document Page 7 of 79 <br />