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MCC measured total herbaceous production of 226.8 g/m2 (2023.5 lbs./acre) on the reclaimed parcels in <br />2014. Sample adequacy was achieved. This value exceeds the standard for total herbaceous production. <br />Productivity measured on the bond release block in 2015 was 239.3 g/M2 (2135.2 lbs./acre). Sample <br />adequacy was achieved. This value exceeds the standard for total herbaceous production. <br />There is no required standard for woody plant density establishment for the West Elk Mine, although <br />MCC includes woody species in the seed mix, and woody species were encountered in the sampling <br />efforts. <br />The species composition standard requires the establishment of three perennial species, each <br />contributing greater than 3% relative cover, but no one species exceeding 40% relative cover. Two of the <br />species shall be a cool season perennial grass, and one shall be a cool season perennial forb. Noxious <br />species will not count towards successful vegetation establishment. The species may be native or <br />introduced. <br />The 2014 sampling determined that seven species met the criteria for species composition success. Of <br />the seven qualifying species, four were cool season grasses and three were cool season forbs. None of <br />these species were considered noxious or toxic. The 2015 sampling found six species that met the <br />species composition standard. Of the six species, four were cool season grasses and two were cool <br />season forbs. None of these qualifying species were considered noxious or toxic. <br />The Division finds that MCC met or exceed the reclamation success standards for cover, productivity <br />and species composition for 2014 and 2015 for the SL -09 bond release block. <br />The parcels included in the bond release block showed no evidence of erosional features, and no erosion <br />control structures were in place. <br />Although no quantitative hydrologic data is available to assess the impact of the reclaimed parcels in the <br />bond release block on surface water or groundwater, it is defensible to state qualitatively that the impact <br />of these parcels on the prevailing hydrologic balance is negligible. <br />Summary and Conclusions <br />Based upon a review of the mine permit, the applicant's bond release application, and site inspections, the <br />Division finds that MCC has successfully completed all surface coal mining reclamation operations in <br />accordance with the approved reclamation plan, and met all requirements of the Act and the Rules, for the <br />areas included in the Partial Phase II Bond Release SL -09 application. <br />IV. PROPOSED DECISION <br />Based on the observations above, the Division proposes to approve Mountain Coal Company, LLC's <br />request for a Partial Phase III bond release for the West Elk Mine. This proposed decision will release the <br />applicant from all reclamation liability for lands within the SL -09 bond release block. The Division <br />proposes to release $38,462.00 for the Partial Phase III Bond Release SL -09. <br />West Elk Mine <br />Partial Phase III Bond Release SL -09 Findings Page 6 of 8 <br />