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Vegetation sampling of these sites took place in 2019 and 2020. <br /> According to the 2019 Vegetation Sampling Report, 15 samples were collected,which satisfied <br /> sample adequacy. Total live vegetation cover of 57.73%was reported; a value which includes <br /> several noxious weed species:Aegilops cylindrical,Jointed Goatgrass (0.13%);Bromus <br /> tectorum, Cheatgrass (5.07%); Cirsium arvense, Canada Thistle(0.13%); Cirsium vulgare,Bull <br /> Thistle (0.27%); Convolvulus arvenssis,Field Bindweed(4.27%); and Erodium cicutarium, <br /> Redstem Filaree (0.13%). Noxious weed cover was 10%in total,(relative cover of 17.3%). <br /> Non-noxious weed cover was 47.73%in total, (relative cover of 82.7%). The data shows that <br /> native vegetative cover satisfies the revegetation success criteria(a technical standard of 19.3% <br /> total vegetation cover) <br /> According to the 2020 Vegetation Sampling Report,22 samples were collected,which satisfied <br /> sample adequacy. Total live vegetation cover of 53.00%was reported; a value which includes <br /> several noxious weed species: Bromus tectorum, Cheatgrass (2.00%); Cirsium arvense, Canada <br /> Thistle(0.18%); Convolvulus arvenssis,Field Bindweed(2.09%); and Cynoglossum officinale, <br /> Houndstongue(0.09%). Noxious weed cover was 4.36%in total, (relative cover of 8.2%).Non- <br /> noxious weed cover was 48.64%in total, (relative cover of 91.8%). The data shows that native <br /> vegetative cover satisfies the revegetation success criteria(a technical standard of 19.3%total <br /> vegetation cover) <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. There is no revegetation standard. <br /> During the SL-4 inspection it was noted that there was no evidence of surface or groundwater <br /> impacts, and that vegetation has been established to support the post-mining land use. <br /> Summary and Conclusions <br /> Based upon a review of the mine permit,the applicant's bond release application, and site inspections, <br /> the Division finds that Oxbow Mining,LLC has successfully completed all surface coal mining <br /> reclamation operations in accordance with the approved reclamation plan and met all requirements of the <br /> Act and the Rules. <br /> IV. PROPOSED DECISION <br /> Based on the observations above,the Division proposes to approve Oxbow Mining,LLC's request for a <br /> Partial Phase I, II and III bond release for the Elk Creek Mine. This proposed decision will release the <br /> applicant from liability for all reclamation work for the 16.4 acres identified in Table 1. <br /> The Division currently holds a performance bond of$4,500,000 for the Elk Creek Mine. The most <br /> recent update of reclamation liability for the site prior to SL-1 was$4,323,977.80. This will be the <br /> figure used to calculate the maximum dollar amount eligible for release based on the conditions of Rule <br /> 3.03.1(2),which states that up to 60% of the bond can be released at Phase I,up to 25%can be released <br /> C-1981-022,SL-4 Page 8 of 10 <br />