2021-04-29_GENERAL DOCUMENTS - C2010088

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PHASE II Rule 3.03.1(2)(b) states, "Up to eighty-five percent of the applicable bond amount shall be released upon the establishment of vegetation which supports the approved post mining land use and which meets the approved success standard for cover...based on statistically valid data collected during a single year of the liability period". In regard to Phase H bond release, Rule 3.03.2(3)(b) also states, " No more than sixty (60)percent of the bond shall be released so long as the lands to which the release would be applicable are contributing suspended solids to stream flow or runoff outside the permit area in excess of premining levels as determined by baseline data or in excess of levels determined on adjacent nonmined areas". With regard to Phase II bond release,the approved reclamation plan calls for replacing the salvaged topsoil to the areas it was salvaged from. Page 2.05-32 and Map 9 of the C-2010-088 PAP details the areas topsoil will be distributed to. There is no topsoil depth requirement for the Fruita Loadout. Portions of the site were used as industrial prior to the land being purchased and permitted as a loadout. The vegetative cover success standard for revegetated areas is if the perennial vegetation cover is not less than 90% of the perennial vegetation cover as determined from the reference area with a 90% statistical confidence utilizing one of the three methods detailed under Rule 4.15.11(2)(a), (b) or(c). The woody plant density success standard for revegetated areas is if the perennial woody plant density is not less than 90% of the perennial woody plant density as determined from the reference area with a 90% statistical confidence utilizing one of the three methods detailed under Rule 4.15.11(2)(a), (b) or(c). The eastern portion of the loadout is approved to have a post mining land use of industrial. Vegetation prior to the site being permitted was sparse in this portion of the site. This area is permitted to be reclaimed to the standards of Rule 4.15.10. The vegetative cover and woody plant density of the reclaimed areas must be reflective of the reference area. PHASE III Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be released when the permittee has successfully completed all surface coal mining reclamation operations in accordance with this approved reclamation plan, and the final inspection procedures of 3.03.2 have been satisfied. This shall not be before the expiration of the period specified for revegetation responsibility in 3.02.3." Rule 3.03.1(4)states, "No bond shall be fully released until all reclamation requirements of these Rules and the Act are fully met...". The same rule goes on to state, "No acreage shall be released from the permit area until all surface coal mining and reclamation operations on that acreage have been completed in accordance with the approved reclamation plan." The Fruita Loadout reclamation plan calls for restoring areas disturbed to the approximate original contour. Pre-determined areas will be covered with available topsoil and seeded with the approved seed mix. Areas that are returned to approximate original contour will be accomplished by attempting to match the pre- disturbance contours of the land. Areas approved to remain as industrial will be stabilized to control erosion and air pollution by placing the salvaged ballast and sub-ballast on all 40 acres (Rule 4.17). Topsoil is scarce at the site and will be salvaged to the extent possible. Topsoil will be salvaged from 12.6 acres of land that were previously undisturbed at the site. Topsoil distribution can be seen on Map 9 of the PAP. Topsoil will be redistributed only to the areas in which it was salvaged. The regraded and topsoiled surface will help reestablish the surface water drainage system by returning the reclaimed areas to the approximate original contours. Seed mix SM-2, located in Exhibit 4 of the PAP, is a mix that Permit Number C-2010-088 Page 4 of 7