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or runoff outside the permit area in excess of premining levels as determined by baseline data or in excess <br /> of levels determined on adjacent nonmined areas". Also relevant is Rule 4.15.10(2) which references <br /> previously mined lands that are areas to be developed for industrial or residential use. It states "for areas <br /> to be developed for industrial or commercial, or residential use less than 2 years after regrading is <br /> completed, or less than 2 years after approval of such use, whichever is later, the ground cover of living <br /> plants shall not be less than required to control erosion. Final bond release shall not occur prior to <br /> satisfactory cover establishment". <br /> The post mining land use for the TAHR is to remain as a permanent road feature under an <br /> industrial/commercial land use. Therefore, with regard to Phase H bond release, the approved <br /> reclamation plan does not require a replacement of topsoil, determination of a vegetative cover success <br /> standard, or determination of a diversity standard. Rather, the area to be bond released shall be held to <br /> the standards pursuant to Rule 4.15.10. Routt County Road and Bridge will be adding the TAHR to the <br /> public road system as a County Road upon the Division's release of the area. Other vegetated areas <br /> within the TAHR corridor were never disturbed and original vegetative cover has been maintained in <br /> these areas. Tab 19 of the PAP states that topsoil which was removed to create the TAHR has been <br /> stored in six permanent piles which have been placed along the length of the TAHR. Self-contained V- <br /> ditches or berms have been constructed around the perimeter of stockpiles where necessary to protect <br /> against erosion of the topsoil resource. Exhibit 9-2 Soil Types& Topsoil Salvage Map Tie-Across Haul <br /> Road show the location of these piles. During the inspection, one extra stockpile not labeled on the SL-3 <br /> Area Delineation Map was noted. PAP Exhibit 9-2, Soil Types and Topsoil Salvage Map labels this <br /> pile as a temporary waste stockpile. However, during the inspection and through adequacy review it <br /> was determined that this pile was indeed a marked and vegetated topsoil stockpile. The permanent <br /> retention of this pile is covered under a letter of consent provided by the landowner, Sage Creek <br /> Holdings, LLC (SCH), to accept retention of all soil material stockpiles. This letter was submitted as <br /> part of TR-12 and was received by the Division on January 31, 2023. <br /> All topsoil piles were stabilized by seeding with an annual grain cover crop such as wheat or barley. Tab <br /> 19 of the PAP states"Establishing vegetative cover will aid in overall stabilization and erosion control of <br /> stockpiles. Vegetative cover will aid in reducing runoff and raindrop impact and will increase moisture <br /> infiltration by maintaining the upper soil surface in a friable, noncrusted condition. Organic matter, soil <br /> nitrogen, end micro-organism activity will be maintained or enhanced by the seeding of deep rooted <br /> species or species with fibrous root systems." The seeding rate for topsoil piles and its methodology is <br /> described in Tab 20, Revegetation Plan, Seed Mixes and Planting Lists of the PAP. <br /> The approval of TR-12 changed the post mining land use of the TAHR corridor from cropland to <br /> industrial/commercial and thus relieved the area of the requirement to reach a specific vegetative cover <br /> success standard. The post mining land use of adjacent, fenced areas has historically been either cropland <br /> or managed for livestock grazing. All reseeded areas in the TAHR corridor are similar in cover, <br /> composition, and diversity to the adjacent undisturbed areas and free of weedy species. Thus, the <br /> permanent retention of the TAHR and corridor does not significantly impact surrounding vegetative <br /> communities. Pursuant to Rule 4.15.10, vegetation that is present within the corridor supports a post <br /> mining land use of industrial/commercial by providing an appropriate level of erosion control within the <br /> TAHR that protects topsoil piles and overall stabilizes the vegetated corridor areas. Revegetated areas in <br /> the TAHR corridor have been in place longer than the 10 year liability period and have remained in an <br /> erosion free state. Therefore,the Division has no concerns that a permanent and self-sustaining vegetative <br /> community has been successfully established within the applicable release area. <br /> Permit Number C-1992-081 Page 5 of 7 <br />