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The Irrigated Pasture reclaimed area has a technical standard; vegetative cover shall be equal to or <br /> greater than standard 82.84%perennial cover standard (90% of 92.04%). <br /> Rule 3.03.3(b)requires the operator demonstrate that the reclaimed area contributes equivalent or lesser <br /> sediment to surface runoff when compared to pre-mining or baseline sedimentation levels. The <br /> operator presented this information in Appendix C of the application. <br /> PHASE III <br /> Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be released when the <br /> permittee has successfully completed all surface coal mining reclamation operations in accordance with <br /> this approved reclamation plan, and the final inspection procedures of 3.03.2 have been satisfied. This <br /> shall 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 operator has requested Phase III bond release of 3.7 acres of a reclaimed sediment control structure. <br /> This reclaimed area needs to meet the requirements of Rule 3.03.1(5). Vegetative cover must be <br /> adequate to control erosion and similar to the reclaimed area or surrounding undisturbed area. <br /> Reclaimed sediment control structures are not subject to the 10-year liability period. <br /> III. OBSERVATIONS AND FINDINGS <br /> PHASE II <br /> Topsoil replacement thickness requirements for Irrigated Pasture is 1.8 feet (21.6 inches), and 1.2 feet <br /> (14.4 inches). Topsoil was either live hauled during the mining operation, or stockpiled in topsoil <br /> stockpiles and redistributed after final back fill and grading operations. Mining concluded in 2017. <br /> Backfill and grading were completed in 2017, and topsoil redistribution was conducted on the majority <br /> of the mine site in 2017. <br /> The Division, along with the operator conducted sampling of the replaced topsoil in 2018. Sampling <br /> was conducted using a hand held soil auger. Sample locations were predetermined by overlaying a <br /> sample grid on the reclaimed area map. Topsoil sample verification occurred during three mine <br /> inspections conducted by DRMS and ERMR representatives. <br /> The first inspection occurred on March 18, 2018. Brock Bowles represented DRMS, and Mr.Tom Fry <br /> represented the operator. Seven holes were dug and the topsoil thickness was measured with a tape <br /> measure. Results for three holes on dryland pasture post-mining area were 1.5 feet, 1.41 feet, and 1.25 <br /> feet. All three sample holes exceeded the required 1.2 feet. Four holes were sampled within the area <br /> designated as irrigated pasture. The results of the irrigated pasture topsoil thickness were 1.91 feet, <br /> 2.0 feet, 2.25 feet, and 2.5 feet. Each of the four holes exceed the required 1.8 feet topsoil thickness <br /> Permit Number C2010-089 <br /> Page 5 of 10 <br />