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