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permit area until all surface coal mining and reclamation operations on that acreage have been completed <br />in accordance with the approved reclamation plan." A Phase III bond release can occur: <br />1. When the minimum period of liability of 10 years is met, [3.02.3(2)(b)]; <br />2. When the permittee has successfully completed all surface coal mining reclamation operations in <br />accordance with the approved reclamation plan, [3.03.1(2)(c)]; <br />3. When all reclamation requirements of the Rules and the Act are fully met, [3.03.1(4)]; and <br />4. When the final inspection and evaluation procedures of Section 3.03.2 have been satisfied, <br />[Section 3.03.1(2)(c)] <br />The Phase III Bond Release is the only phase of bond release applicable to the SL -09 application. <br />III. OBSERVATIONS AND FINDINGS <br />PHASE III <br />The SL -09 bond release block, consists of 22 parcels in 4 mining areas. The mining areas are: Deep <br />Creek, Long Draw, Long Draw Saddle, and West Point Road. The combined acreage of the 22 parcels is <br />22.1 acres. Parcel size ranges from 0.1 acres to 8.5 acres. The parcels were reclaimed between 2002 and <br />2004, and were previously approved for Phase II Bond Release with the SL -04 application. <br />MCC, sampled the vegetation for the bond release determination in 2014 and 2015. All the parcels <br />included in the bond release application had a minimum of 10 years since the last seeding, in accordance <br />with Rule 3.02.3(2)(b). Sampling of the reclaimed parcels was conducted in a manner similar to the <br />method described in section 2.04. 10 of the permit application packet. MCC utilized acreage allocated <br />samples based upon the relative percentage of the acreage in each mining area described previously. <br />Sample locations within each of the mining districts, Deep Creek, Long Draw, Long Draw Saddle, and <br />West Point Road, were determined using a 50 foot by 50 foot grid and start locations determined using a <br />random number table. The Division finds this approach acceptable. Additional description of the <br />sampling methodology can be found in the bond release application. <br />The reclamation success standards for the West Elk Mine were determined using historical data. This <br />approach and the standards have been approved by the Division previously. The approved post -mining <br />land use is rangeland with wildlife habitat. Live vegetative cover shall be a minimum of 90% of 53.04% <br />with 90% statistical confidence. Total herbaceous production shall be a minimum of 90% of 180.38 9/1112 <br />(1609.5 lbs./acre) with 90% statistical confidence. Noxious species as determined by the Colorado <br />Department of Agriculture, are not included in the success values. <br />In 2014, MCC sampled the bond release block and determined the live vegetative cover was 69.04°/x. <br />The reclaimed area was sampled to statistical adequacy in accordance with Rule 4.15.11(2)(a). This <br />value exceeds the success standard for live vegetative cover. In 2015 MCC sampled the bond release <br />block and determined the live vegetative cover was 69.10%. The reclaimed area was sampled to <br />statistical adequacy in accordance with Rule 4.15.11(2)(a). This value exceeds the success standard for <br />live vegetative cover. <br />West Elk Mine <br />Partial Phase III Bond Release SL -09 Findings Page 5 of 8 <br />