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Division finds that Bowie Resources, LLC has completed backfilling, grading and drainage <br />reestablishment at the Bowie No. 1 Mine in accordance with the approved reclamation plan. <br />PHASE II <br />Topsoil Redistribution <br />The East Mine was inspected for Phase II criteria during the bond release inspection. This included four <br />drill hole pads; B-1, B-2, B-3 and B-4. The entire East Mine, also known as the original Orchard Valley <br />Mine, is considered pre -law and does not have a set standard for topsoil replacement. The East Mine <br />was disturbed prior to SMCRA and the Colorado permanent program. As such, no topsoil was <br />salvaged from these areas. Slopes were also very steep, limiting where topsoil could safely be <br />salvaged. As such, the requirement was to replace all salvaged topsoil without a replacement depth <br />standard. No verification of topsoil replacement thickness was conducted after topsoil replacement in <br />2008, 2009 or 2011 as documented by inspections reports from December 2008 to August 2009. <br />Revegetation Criteria <br />The vegetation for the East Mine area is considered to be successful if the total ground cover exceeds 40% <br />(Volume 9A, Vegetation -Part 2, page 6). As such, the statistical 90% of standard that typically applies to <br />the success standard (Rule 4.15.11(2)(a)) is not applicable in this situation. BRL reported in the Cedar <br />Creek 2016 Phase II Bond Release Revegetation Evaluation Report that sampling vegetative cover at the <br />East Mme resulted in value of 55.3% total plant cover. This value satisfies the requirement of having a <br />value for total plant cover exceed 40% of the 44.8 acres included in the 2016 vegetation sampling effort <br />at the East Mine bond release block. The Division concurs that the vegetation meets and exceeds the <br />Phase II cover standard. <br />Although species diversity is not a requirement for Phase II bond release, the Division evaluates the <br />Phase II vegetative data to determine if the vegetative community is approaching the standard. The <br />species diversity measured on the East Mme bond release block in 2016 exhibited four perennial <br />herbaceous species (between 3% to 60% rel. cover) two were native cool -season perennial grasses. <br />Six native shrub species were observed but not included in cover transects. Though the 2016 <br />sampling would not meet the Phase III diversity standard, the 2016 sampling indicates that the <br />established vegetation is approaching the diversity standards required for Phase III. Therefore, the <br />Division fmds the diversity acceptable for Phase II release. <br />Suspended Solids Demonstration <br />The BRL SL -6 Bond Release Application utilizes a vegetation cover evaluation performed during October <br />of 2016 and subsequent soil loss comparison submitted as a part of Technical Revision No. 62 as <br />justification to remove and reclaim the Gob Pile Pond, Binwall Pond 1, Binwall Pond 2, Binwall Pond 3 <br />and Binwall Pond 4. The soil loss information compares pre- and post -mining sediment yields by <br />calculating the expected sediment yields for both conditions. BRL utilized the Universal Soil Loss <br />Equation (USLE) calculation method which calculates the expected average annual soil loss per acre of <br />land. It was observed during the bond release inspection that the revegetated areas were not contributing <br />sediment to the backfilled and regraded pond areas above pre -mining levels. DRMS inspection reports <br />Permit Number C-1981-038 Page 7 of 11 <br />