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area,the reclaimed sediment control structure was partially obscured by about 3 inches of fresh <br /> snow. The Division conducted a follow up inspection on March 16,2022,in order to adequately <br /> observe the condition of the reclaimed sediment collection ditch. At the March 16, 2022 <br /> inspection, Mr. Lucas West represented the Division, and Ms. Mindy Sickels represented the <br /> operator and the landowner. The location of the reclaimed sediment control ditch is owned by <br /> Elk Ridge Mining and Reclamation, LLC. The area was clear of snow on March 16, 2022, and <br /> the area in question was adequately inspected. <br /> II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br /> PHASE I <br /> Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released when the <br /> permittee successfully completes backfilling, regrading, and drainage control in accordance with the <br /> approved reclamation plan." With regard to Phase I bond release, the approved reclamation plan for <br /> the New Horizon North Mine calls for <br /> No acreage was requested for Phase I bond release with this bond release application package. <br /> All acres included in this bond release request have previously received Phase I bond release <br /> approval. <br /> PHASE II <br /> Rule 3.03.1(2)(b) states, "Up to eighty-five percent of the applicable bond amount shall be released <br /> upon the establishment of vegetation which supports the approved postmining land use and which <br /> meets the approved success standard for cover... based on statistically valid data collected during a <br /> single year of the liability period". In regard to Phase II bond release, Rule 3.03.2(3)(b) also states, " <br /> No more than sixty(60) percent of the bond shall be released so long as the lands to which the release <br /> would be applicable are contributing suspended solids to streamflow or runoff outside the permit area <br /> in excess of premining levels as determined by baseline data or in excess of levels determined on <br /> adjacent nonmined areas". <br /> With regard to Phase II bond release, the approved reclamation plan calls for the approved postmining <br /> land uses are irrigated pasture and dryland pasture. The operator has installed a center-pivot irrigation <br /> system with consultation of the land owner on the irrigated pasture portion of the reclaimed area. <br /> The topsoil replacement thickness varies depending upon the approved post-mining land use. On areas <br /> reclaimed to irrigated pasture, the minimum topsoil replacement thickness is 1.8 feet (21.6 inches). <br /> Areas reclaimed to dryland pasture will have a minimum topsoil thickness of 1.2 feet (14.4 inches). <br /> The vegetative reclamation success standard for areas reclaimed to Dryland Pasture require the <br /> vegetative cover to be 90% or more than vegetative cover measured on the dryland pasture reference <br /> area. The dryland pasture reference area is located south and east of the New Horizon North Mine in <br /> NE '/4 Section 36. The Dryland Pasture reference area is also used for the neighboring New Horizon <br /> Mine dryland pasture reclamation success comparison. <br /> Permit Number C2010-089 <br /> Page 4 of 10 <br />