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demonstration, and finds the reclaimed Irrigated pasture successful for demonstrating that sediment <br /> contribution streamflow outside of the permit area is less than that predicted from the pre-mining <br /> irrigated pasture. <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 Elk Ridge Mining and Reclamation, LLC has replaced topsoil in accordance <br /> with the approved reclamation plan. Elk Ridge Mining and Reclamation, LLC has established <br /> vegetation which supports the approved post mine land use and meets the approved success standard <br /> for vegetative cover. The Division finds that the reclaimed area subject to this bond release is not <br /> contributing suspended solids to streamflow or runoff outside the permit area in excess of premising <br /> levels or in excess of adjacent nonmined areas. <br /> PHASE III <br /> The reclaimed sediment control structure requested for phase III bond release exceeded the required <br /> cover for this dryland pasture area. This reclaimed sediment control structure was not required to meet <br /> production or diversity standards. The vegetation is similar to the undisturbed vegetation surrounding <br /> it, and was easy to miss during the initial bond release inspection. No erosional features were <br /> encountered in or around the reclaimed ditch. This 3.7 acre area meets the requirements for phase III <br /> bond release. <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 Elk Ridge Mining and Reclamation,LLC has successfully completed all surface <br /> coal mining reclamation operations in accordance with the approved reclamation plan and met all <br /> requirements of the Act and the Rules for the requested 3.7 acres of reclaimed sediment control <br /> structure with a post-mining land use of dryland pasture. <br /> IV. PROPOSED DECISION <br /> Based on the observations above,the Division proposes to approve Elk Ridge Mining and Reclamation, <br /> LLC's request for a partial Phase II bond release for 115.0 acres and a partial Phase II and III bond <br /> release for 3.7 acres at the New Horizon North Mine. This proposed decision will release the applicant <br /> from liability for topsoil redistribution and establishment of vegetation on 88.3 acres of Irrigated <br /> pasture and 30.4 acres of dryland pasture. And all reclamation work for the 3.7 acres of reclaimed <br /> sediment control structure. <br /> The original performance bond for the New Horizon North Mine was $4,838,971.46. The Division <br /> previously approved release of$4,049.55 reclamation liability with the approval of SL-1 on December <br /> 17, 2018,for phase I,II and III bond release for sealing and abandoning 3 water monitoring wells. The <br /> Permit Number C2010-089 <br /> Page 8 of 10 <br />