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Permit Number C-2010-089 Page 4 of 6 <br />PHASE II <br /> <br />Rule 3.03.1(2)(b) states, "Up to eighty-five percent of the applicable bond amount shall be released upon <br />the establishment of vegetation which supports the approved postmining land use and which meets the <br />approved success standard for cover... based on statistically valid data collected during a single year of the <br />liability period". In regard to Phase II bond release, Rule 3.03.2(3)(b) also states, " No more than sixty <br />(60) percent of the bond shall be released so long as the lands to which the release would be applicable are <br />contributing suspended solids to streamflow or runoff outside the permit area in excess of premining levels <br />as determined by baseline data or in excess of levels determined on adjacent nonmined areas". <br /> <br />Topsoil was not removed for the installation or reclamation of the three wells. During the bond release <br />inspection, it was noted that there was some surface disturbance and some damage to the vegetation caused <br />by the vehicles of the well reclamation team. The damaged area is approximately 500 square feet in size. <br />Soil erosion and contributing suspended solids to streamflow or runoff outside the permit area is not a <br />concern due to the small size, to topography being almost completely flat and to the area being surrounded <br />by dense established grasses and shrubs; therefore, the requirement for cover data was waived. <br /> <br /> <br />PHASE III <br /> <br />Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be released when the permittee <br />has successfully completed all surface coal mining reclamation operations in accordance with this <br />approved reclamation plan, and the final inspection procedures of 3.03.2 have been satisfied. This shall <br />not be before the expiration of the period specified for revegetation responsibility in 3.02.3." Rule <br />3.03.1(4) states, " No bond shall be fully released until all reclamation requirements of these Rules and the <br />Act are fully met...". The same rule goes on to state, " No acreage shall be released from the permit area <br />until all surface coal mining and reclamation operations on that acreage have been completed in <br />accordance with the approved reclamation plan." <br /> <br />The damaged area is approximately 500 square feet in size and is completely surrounded by established, <br />undisturbed clusters of grasses and shrubs. The temporary seed mix #3 was spread over the area to <br />supplement the existing vegetation. The existing vegetation should recover quickly because the soil <br />seedbank and rootstock were not disturbed and because of the close proximity of the disturbance to <br />established undisturbed vegetation. <br /> <br /> <br /> <br />III. OBSERVATIONS AND FINDINGS <br /> <br />PHASE I <br /> <br />The 3 monitoring wells (GW-47, GW-48 and GW-49) were backfilled and sealed in compliance with the <br />permit. Well abandonment reports have been submitted to DRMS and the Office of the State Engineer. <br /> <br />Summary and Conclusions <br />