2018-12-17_REVISION - C2010089 (12)

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Permit Number C-2010-089 Page 5 of 6 Based upon a review of the mine permit, the applicant's bond release application, and site inspections, the Division finds that ERMR has completed backfilling and grading at the New Horizon North Mine in accordance with the approved reclamation plan. PHASE II Topsoil was not removed for the installation or reclamation of the three wells. The topsoil that was disturbed in the area was raked smooth to blend in with the surrounding area. The concrete plugs were buried below the surface and were not visible. The post-mining land use is dryland pasture which is the same as the pre-mine land use. Since the land uses are the same, re-establishing the existing vegetation is appropriate. DRMS has determined that soil erosion and contributing suspended solids to streamflow or runoff outside the permit area is not a concern for this area. The reasons for this determination are because the area is small (approximately 500 square feet), the topography is almost completely flat and the area is surrounded by dense established grasses and shrubs. Also, the existing vegetation should recover by next spring because the soil seedbank and rootstock were not disturbed. No rills, gullies or other evidence of soil movement were noted in the area. Summary and Conclusions Based upon a review of the mine permit, the applicant's bond release application, and site inspections, the Division finds that ERMR has replaced topsoil in accordance with the approved reclamation plan and has established vegetation which supports the approved post mine land use. The Division finds that the reclaimed area subject to this bond release is not contributing suspended solids to streamflow or runoff outside the permit area in excess of premining levels or in excess of adjacent nonmined areas. PHASE III The damaged area is completely surrounded by established, undisturbed clusters of grasses and shrubs. The temporary seed mix #3 was spread over the area to supplement the existing vegetation. The existing vegetation should recover quickly because the soil seedbank and rootstock were not disturbed and because of the close proximity of the disturbance to the established undisturbed vegetation. No weeds were noted in the area. Summary and Conclusions Based upon a review of the mine permit, the applicant's bond release application, and site inspections, the Division finds that ERMR has successfully completed all surface coal mining reclamation operations in accordance with the approved reclamation plan and met all requirements of the Act and the Rules. IV. PROPOSED DECISION