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6 <br /> <br /> <br />The Division scheduled and conducted a bond release inspection on February 13, 2019 at 10:00 am. The <br />site inspection was conducted in accordance with Rule 3.03.2(2). In attendance for the inspection were: <br />Melvin and LeaAnn Staats (landowners), Frank Ferris (ERMR) and Tony Tennyson (TSGT). OSMRE <br />was also invited, but was not able to attend. All parties were notified of the inspection by certified mail. <br /> <br />No written objections or requests for an informal conference regarding the bond release application were <br />received by the Division. <br /> <br />No adequacy questions were raised by DRMS during the inspection or during the application review. <br /> <br />III. Criteria and Schedule for Bond Release <br /> <br />A total of 1.6 acres are being requested for Phase I, II and III bond release at Mine 2 for the section of the <br />ditch C-18 on Mr. and Mrs. Staats’ property. Mr. Staats requested this section of ditch C-18 to be <br />backfilled and graded but remain as a road in a letter dated November 14, 2018 which can be found in <br />Section 2.05.4(2)(e) Attachment 2.05.4(2)(e)-12 of the permit. The post-mining land use for the area <br />around the road is irrigated pasture. The road will provide landowner access to the western part of the <br />property in support of the post-mining land use. <br /> <br />PHASE I <br /> <br />Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released when the <br />permittee successfully completes backfilling, regrading, and drainage control in accordance with the <br />approved reclamation plan." <br /> <br />The ditch C-18 was backfilled and graded in November 2018. The backfill was graded to blend in with <br />the surrounding landscape which gently slopes to the south towards Calamity Draw. The slope will <br />accommodate the tailwater runoff from the surrounding irrigated pastures. <br /> <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". <br /> <br />The area of the ditch C-18 is an adjacent support facility road that will provide landowner access to the <br />western part of the Staats property in support of the post-mining land use and therefore topsoil was not <br />applied to this area. The vegetation standards associated with the Phase II Bond Release do not apply to <br />the portions of the ditch C-18 that are the subject of SL-21. <br /> <br />PHASE III <br />