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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 postmining land use and which meets the <br /> approved success standard for cover... based on statistically valid data collected during a single year of <br /> the liability period". In regard to Phase II bond release, Rule 3.03.2(3)(b) also states, "No more than <br /> sixty(60)percent of the bond shall be released so long as the lands to which the release would be <br /> applicable are contributing suspended solids to streamflow or runoff outside the permit area in excess of <br /> premining levels as determined by baseline data or in excess of levels determined on adjacent nonmined <br /> areas". <br /> ERMR is requesting Phase II bond release on 3.6 acres reclaimed to Dryland Pasture in the Northwest <br /> quarter of the Southeast quarter of Section 36. The 3.6 acres are comprised of reclamation parcels DP- <br /> 10, reclaimed in 2011, DP-12, reclaimed in 2012, and DP-13, reclaimed in 2013. The Dryland Pasture <br /> requires 24 inches of Bench 1 material placed prior to topsoil replacement. Table 2.05.4(2)(d)-4 shows <br /> that 12.2" of mixed topsoil from Topsoil stock pile 12 is required on the Dryland Pasture reclaimed <br /> area. <br /> ERMR is requesting Phase II bond release from 2.9 acres of Irrigated Pasture, located in the north <br /> half of Section 6, that was reclaimed in 2010, Reclamation parcel IP-10. Topsoil replacement <br /> thickness for this parcel averaged 21 inches. <br /> An additional 4.9 acres of Dryland Pasture is requested for Phase II bond release, DP-16, reclaimed <br /> in 2016, and DP-17, reclaimed in 2018. These two parcels are located in the southeast quarter of <br /> Section 6, immediately north of sediment pond 18, and on the west side of the facilities area. Table <br /> 2.05.4(2)(d)-4 does not address topsoil replacement thickness in these parcels. It would be logical that <br /> Dryland Pasture parcels would receive similar thickness of replacement topsoil. Parcels DP-10, DP-12, <br /> and DP-13 were slated to receive 12.2 inches of mixed topsoil, hence DP-16, and DP-17 likely were <br /> required to receive a similar application. <br /> The Dryland Pasture vegetative success standard requires establishment of a minimum of 90% <br /> vegetative cover compared to the Dryland Pasture reference area. The live vegetative cover measured <br /> on the Dryland Pasture reference area was 23.88%live vegetation, with 18.17%perennial species cover. <br /> Irrigated Pasture Reference Area is located south of the facilities area in Section 6. Phase II reclamation <br /> success for Irrigated Pasture requires establishment of vegetative cover at least 90% of the Irrigated <br /> Pasture reference area measured vegetative cover. <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 <br /> C1981008 SL25 Page 7 of 14 <br />