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II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />PHASE III <br />Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be released when the <br />permittee has successfully completed all surface coal mining reclamation operations in <br />accordance with this approved reclamation plan, and the final inspection procedures of 3.03.2 <br />have been satisfied. This shall not be before the expiration of the period specified for <br />revegetation responsibility in 3.02.3." Rule 3.03.1(4) states, " No bond shall be fully released <br />until all reclamation requirements of these Rules and the Act are fully met...". The same rule <br />goes on to state, " No acreage shall be released from the permit area until all surface coal mining <br />and reclamation operations on that acreage have been completed in accordance with the <br />approved reclamation plan." <br />The West Elk Mine reclamation plan calls for the reclamation of all disturbed land to a post - <br />mining land use of rangeland and wildlife habitat (see page 2.05-50 of the PAP). Disturbed areas <br />must be backfilled and graded to approximate original contour (AOC, see page 2.05-61 of the <br />permit application package (PAP)), unless specified otherwise. <br />Mine Ventilation Borehole (MVB) pads, other drill pads, and the associated light -use roads are <br />small, remote disturbances that do not report to sediment ponds and are permitted as Small Area <br />Exemptions (SAES), in accordance with Rule 4.05.2(3). The mine operation plan calls for the <br />use of best management practices such as straw bales, silt fence and/or excelsior waddles in <br />order to minimize sediment run-off during their active life. The reclamation plan specifies that <br />the holes are to be plugged and abandoned, in accordance with Rule 4.07.3, so as to minimize the <br />potential for surface water -groundwater interaction; and that the disturbed surface should be <br />regraded and revegetated so as to minimize surface water impacts (see pages 2.05-30, -38, and - <br />87). <br />Approved revegetation success criteria specific to the West Elk Mine are technical standards <br />derived from a previously sampled reference area. Details of the derivation of the standards are <br />given in the PAP; the standards themselves are given on page 2.05-69 of the PAP, and are quoted <br />below: <br />Cover: <br />Reclaimed areas will be considered successfully reclaimed to the final revegetation success <br />criterion if the total vegetation cover on the reclaimed area is not less than 90 percent of the <br />total vegetation cover value of 53.04 percent, with 90 percent statistical confidence using a one - <br />tailed "t" test. <br />Production: <br />Reclaimed areas will be considered successfully reclaimed to the final revegetation success <br />criterion if the total herbaceous production on the reclaimed area is not less than 90 percent of <br />the total herbaceous production value of 180.38 g/m2 with 90 percent statistical confidence with <br />C-1980-007 Page 5 of 10 <br />