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approved reclamation plan." With regard to Phase I bond release,the approved reclamation plan for the <br /> New Horizon Mine calls for construction of a permanent stock pond in accordance with Rule 4.05.9(13). <br /> In 2019, ERMR, conducted maintenance and sediment removal of the stock pond and brought it into <br /> agreement with Map 2.04.3(3)-38, Section 2.05.3(3)Attachment 2.05.3(3)-38. This maintenance work is <br /> adequate and meets the requirements of and in compliance with Rule 4.05.17. The Division has received <br /> confirmation from the landowner, in the form of a letter, for continued maintenance of the bond in <br /> agreement with Rule 3.03.1(3)(c). <br /> PHASE II <br /> Rule 3.03.1(2)(b) states, "Up to eighty-five percent of the applicable bond amount shall be released upon <br /> the establishment of vegetation which supports the approved post-mining land use and which meets the <br /> approved success standard for cover...based on statistically valid data collected during a single year of the <br /> liability period". In regard to Phase II bond release, Rule 3.03.2(3)(b) also states, " No more than sixty <br /> (60)percent of the bond shall be released so long as the lands to which the release would be applicable are <br /> contributing suspended solids to streamflow or runoff outside the permit area in excess of pre-mining <br /> levels as determined by baseline data or in excess of levels determined on adjacent non-mined areas". <br /> With regard to Phase II bond release,the approved reclamation plan calls for establishment of a permanent <br /> stock pond. The area downslope from SPI has previously received final, Phase III, bond release and <br /> subsequently removed from the permit area boundary. The embankment slopes of SPI are utilized by <br /> livestock and are part of the post-mining land use of pasture. The operator has placed a wood mulch on <br /> the out slope of the embankment to assist with sediment control. The wood mulch also helps keep <br /> livestock from grazing excessively on the embankment out slope. SPI out slope is stable and not <br /> contributing sediment to the unnamed drainage. <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 the <br /> Act are fully met..." The same rule goes on to state, "No acreage shall be released from the permit area <br /> until all surface coal mining and reclamation operations on that acreage have been completed in <br /> accordance with the approved reclamation plan." <br /> Permit section 2.05.3(3) discusses the pre-mining Goforth Stock pond and the post-mining SPI <br /> replacement stock pond on the Goforth property. The designs for SPI are found in Attachment 2.05.3(3)- <br /> 38. The Division finds that SPI has been constructed and maintained in accordance with the approved <br /> design and meets the requirements of Rule 4.05.9(13). <br /> III. OBSERVATIONS AND FINDINGS <br /> Permit Number C1981008 Page 6 of 9 <br />