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are not contributing suspended solids to streamflow in excess of adjacent non-mined lands (Rule <br /> 3.03.1(3)(b). <br /> PHASE III <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 <br /> the Act are fully met". The same rule goes on to state, "No acreage shall be released from the permit <br /> area until all surface coal mining and reclamation operations on that acreage have been completed in <br /> accordance with the approved reclamation plan." <br /> The operator has requested 157 acres for Phase III bond release. The New Horizon Mine reclamation <br /> plan for Irrigated pasture calls for: Revegetation will be deemed adequate if vegetation cover and <br /> herbaceous production at the reclaimed site is at least 90% of the vegetative cover at the reference <br /> area and herbaceous production is at least 90% of the reference area standard, after the weighted <br /> average soil adjustment, in conformance with DRMS Regulation 4.15.8. The weighted average factor <br /> will be applied to production only. One of the three statistical comparison methods in DRMS <br /> Regulations 4.15.11(2) subsections (a), (b), or(c)will be used. For a quality standard, the following <br /> is proposed: At least 75% of the relative production will be comprised of seeded species or species of <br /> comparable quality as livestock forage. State listed noxious weed species and all annual and biennial <br /> plants will not be counted toward the revegetation success standard for Irrigated Pasture cover or <br /> production in any reclaimed or reference areas. <br /> Reclamation success for Dryland Pasture will be deemed adequate if vegetation cover and herbaceous <br /> production at the reclaimed site is at least 90% of the vegetative cover and herbaceous production at <br /> the reference area, in accordance with Rule 4. 15. 8. One of the three statistical comparison methods <br /> in Rule 4.15.11(2) subsections (a), (b), or(c)will be used. For Dryland Pasture areas, vegetation <br /> cover and herbaceous production will be measured at reclaimed sites and the reference area. <br /> Comparisons of the mean parameter values between the reclaimed areas and the reference area will <br /> be used to determine revegetation success, as described below. The quality standard on Dryland <br /> Pasture, will be as follows: At least 75% of the relative production will consist of seeded species or <br /> species of comparable quality as livestock forage. State listed noxious weed species and all annual <br /> and biennial plants will not be counted toward the revegetation success standard for cover or <br /> production in any reclaimed or reference area. <br /> Several small areas have been approved to support the post-mining land uses, and are designated as <br /> adjacent support facilities(ASF), Section 2.05.4(2)(e)-2.09. In accordance with Rule 1.04(71)adjacent <br /> support facilities provide access, storage, and support for the adjacent irrigated pasture or cropland. Due <br /> to the nature of support facility,the ASF designated areas do not have a vegetation requirement,but need <br /> to be stable and not exhibiting erosion. Map 2.05.4-5 shows approved post-mining land uses,and the <br /> locations of approved adjacent support facilities. <br /> All acreage requested for Phase III bond release have previously been approved for Phase I and Phase II <br /> Permit Number C1981-008:SL22 Page 7 of 17 <br />