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<br />Proposed Decision and Findings of Compliance October 2018 <br />Partial Phase II and III Bond Release SL-14 Page 5 <br />Colowyo provided topsoil replacement and vegetation monitoring reports for the Phase II Bond <br />Release areas in the SL-14 application which was verified by the Division. Locations for the <br />topsoil verification holes are shown on Figure 3 of this document. For locations of the <br />reclamation parcels associated with the SL-14 application, please refer to Figure 1 of this <br />document. Sedimentology, vegetation cover and vegetation productivity is summarized under <br />the Revegetation discussion Section IV – Observations and Findings. <br /> <br />Phase III Bond Release <br /> <br />The Division evaluated Colowyo’s request for partial and III Bond Release on 222.6 acres in the <br />SL-14 application, as shown on Figure 2 of this document. The process of releasing the reclamation <br />bond for a coal mine site in Colorado is explained in Rule 3.03 and further described in the <br />Division’s 1995 Guideline Regarding Selected Coal Mining Bond Release Issues. The bond release <br />process involves three phases. At Phase III, Rule 3.03.1(2) (c) states, "The remaining portion of the <br />bond amount shall be released when the permittee has successfully completed all surface coal <br />mining reclamation operations in accordance with the approved reclamation plan, and the final <br />inspection and procedures of 3.03.2 have been satisfied. This shall not be before the expiration of <br />the period specified for revegetation responsibility in 3.02.3." <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 bond <br />release included the following. <br /> <br />1. The reclaimed logical management unit (LMU) met the vegetative cover standard for two <br />out of the four years of sample data (Rule 4.15.8(3)(a)); <br />2. The reclaimed LMU met the herbaceous productivity standard for two out of the four years <br />of sample data. (Rule 4.15.8(4)); <br />3. The reclaimed LMU met the approved species diversity standard for two out of the four <br />years of sample data. (Rule 4.15.8(5)); <br />4. On area reclaimed prior to 2008, woody stem density shall be 150 stems per acre on 3% of <br />the reclaimed area (Permit section 4.15.8 and Rule 4.15.8(7)); <br />5. The reclamation supports the approved post-mining land use (Rule 4.16.1); <br />6. Sample adequacy and revelation success for cover and productivity shall be made with one <br />of the following statistically valid approaches in Rule 4.15.11(2)(a), (b), or (c). <br />Demonstrations of sample adequacy and revelation success for woody plant density shall be <br />made with one of the following statistically valid approaches in (a), (b), or (c), or with one <br />of the alternative approaches specified in 4.15.11(3); and <br />7. All areas requested for Phase III bond release meet the requirements for Phase I and Phase II <br />bond release or have previously received Phase I and Phase II bond release approval. <br /> <br />Colowyo provided vegetation monitoring reports for the Phase III Bond Release areas in the SL- <br />14 application. <br /> <br />IV. OBSERVATIONS AND FINDINGS