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areas". With regard to Phase II bond release, the Sanborn Creek Mine Portals area and the Sanborn <br />Creek Mine Fan site have an Industrial / Commercial post -mining land use, as such, the revegetation <br />requirement is waived. <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 sites included in the SL-4 application can be divided into two groups. <br />Group 1 (Bear Creek B-Seam Portal & Fansite (US Steel), Lower Hubbard Creek facilities area, <br />Hubbard Creek Fan 91 Site) <br />These sites were disturbed pre -law and have been approved for a post -mining land use of <br />"Undeveloped Land". Topsoil was not salvaged prior to disturbance with the exception of the <br />Hubbard Creek Fan 91 Site; here 4,330 cubic yards of topsoil was stockpiled spread over the <br />reclaimed area following final grading to a depth of approximately 1 foot. The revegetation <br />success requirement is one of minimum ground cover of living plants adequate to control <br />erosion, derived using the Universal Soil Loss Equation. The final bond release vegetation <br />success criterion is that when total live vegetation cover of the reclaimed areas is equal to or <br />greater than 90 percent of 19.3%, with 90 percent statistical confidence. <br />Group 2 (Sanborn Creek Mine Portals area, Sanborn Creek Mine Fan site) <br />These sites have been approved for a post -mining land use of "Industrial/Commercial", and will <br />be utilized by the North Fork Energy, LLC methane project. The revegetation standard is <br />waived. Erosion is minimized and controlled by in -place best management practices. <br />III. OBSERVATIONS AND FINDINGS <br />PHASE I <br />Group 1 (Bear Creek B-Seam Portal & Fansite (US Steel), Lower Hubbard Creek facilities area, <br />Hubbard Creek Fan 91 Site) <br />These sites were released from Phase I reclamation liability with SL-2 <br />Group 2 (Sanborn Creek Mine Portals area, Sanborn Creek Mine Fan site) <br />C-1981-022, SL-4 Page 6 of 10 <br />