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sampling years: total vegetative cover in the reclaimed area was 55.87%vs. 11.06%in the reference <br /> area in 2020, and 59.33%vs. 11.74%in 2021; total herbaceous production in the reclaimed area was <br /> 198.81 g/m2 vs. 59.33 g/m2 in the reference area in 2020, and 167.32 g/m2 vs. 54.91 g/m2 in 2021. <br /> In 2020 six cool season grass species (Agropyron smithii—western wheatgrass,Poa sandbergii— <br /> sandberg bluegrass,Bromus marginatus—mountain brome,Elymus cinereus—basin wildrye,Phleum <br /> pretense—Timothy, and Agropyron trachycaulum—slender wheatgrass) and five forb/shrub species <br /> (Onobrychis viciafoliae—common sainfoin,Achillea lanulosa-yarrow,Astragalus cicer—cicer <br /> milkvetch,Epilobium brachycarpum—tall willow herb, and Lactuca serriola—prickly lettuce)were <br /> found with 2%<relative cover< 60%. <br /> In 2021 five cool season grasses (as above, with the exception of Timothy) and six forb/shrub species (as <br /> above, with the addition of Vicia Americana—American vetch) satisfied the significance criteria. <br /> The species diversity of the reclaimed area exceeded the success standard in both of the sampling years. <br /> Summary and Conclusions <br /> Based upon a review of the mine permit,the applicant's bond release application, and site inspections, the <br /> Division finds that Oxbow Mining, LLC has successfully completed all surface coal mining reclamation <br /> operations in accordance with the approved reclamation plan and met all requirements of the Act and the <br /> Rules. <br /> IV. PROPOSED DECISION <br /> Based on the observations above, the Division proposes to approve Oxbow Mining, LLC's request for a <br /> Partial Phase III bond release for the Elk Creek Mine. This proposed decision will release the applicant <br /> from all reclamation liability for the 21.24 acres identified in Table 1. <br /> The Division currently holds a performance bond of$2,000,000 for the Elk Creek Mine. The most recent <br /> update of reclamation liability for the site prior to SL-1 was $4,323,977.80. This will be the figure used <br /> to calculate the maximum dollar amount eligible for release based on the conditions of Rule 3.03.1(2), <br /> which states that up to 60% of the bond can be released at Phase I, up to 25% can be released at Phase II <br /> and the remaining 15% can be released at Phase III. Table 2 shows the bond release history at the Elk <br /> Creek Mine, with the acres that have achieved each phase of bond release. <br /> (During the SL-7 review an error was noticed in the bond release acreage values, where 0.62 acres more <br /> had been Phase II released than had been Phase I released; this error can be seen in Tables 2 and 3 of the <br /> SL-6 findings document. Upon further investigation it was discovered that the error was actually made <br /> during the SL-3 review: the third row in Table 1 of the SL-3 findings document (Site Details — "GVB- <br /> LW8-03 pilot plus 569' of road") was mistakenly included in the application packet, and was carried <br /> through to the findings. Tables 2 and 3 of this findings document have been edited to correct the error,the <br /> changed values are shown in bold type.) <br /> C-1981-022,SL-7 Page 7 of 9 <br />