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Cover and production of the reclaimed area exceeded that of the extended reference area in both the <br /> sampling years: total vegetative cover in the reclaimed area was 60.53%vs. 11.74%in the reference area <br /> in 2021, and 73.47%vs. 19.20%in 2022; total herbaceous production in the reclaimed area was 172.73 <br /> g/m2 vs. 64.91 g/m2 in the reference area in 2021, and 172.54 g/m2 vs. 82.25 g/m2 in 2022. <br /> In 2021 six cool season grass species (Agropyron smithii—western wheatgrass,Poa sandbergii— <br /> Sandberg bluegrass,Bromus marginatus—mountain brome,Elymus cinereus—basin wildrye, Carex <br /> geyerii—Elk sedge, and Agropyron trachycaulum—slender wheatgrass); and four forb/shrub species <br /> (Achillea lanulosa-yarrow,Astragalus cicer—cicer milkvetch,Aster glaucodes—aster, and Erigeron <br /> flagellaris-Fleabane)were found with 2%<relative cover<60%. <br /> In 2022 seven cool season grasses (as for 2021,with the addition of Agropyron dasystachyum— <br /> thickspike wheatgrass,Poa pratensis—Kentucky bluegrass, and Poa sandbergii— Sandberg bluegrass; <br /> but no Agropyron trachycaulum— slender wheatgrass) and five forb/shrub species (as for 2021, with the <br /> 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 9.5 acres identified in Table 1. <br /> The Division currently holds a performance bond of$2,000,000.00 for the Elk Creek Mine. The most <br /> recent update of reclamation liability for the site prior to SL-1 was $4,323,977.80. This will be the figure <br /> used 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, including a correction that was <br /> made with SL-7. <br /> C-1981-022,SL-8 Page 7 of 10 <br />