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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 the <br /> liability period". In regard to Phase H bond release, Rule 3.03.2(3)(b) also states, " No more than sixty <br /> (60)percent of the bond shall be released so long as the lands to which the release would be applicable are <br /> contributing suspended solids to streamflow or runoff outside the permit area in excess of premining <br /> levels as determined by baseline data or in excess of levels determined on adjacent nonmined areas". <br /> ERMR is requesting Phase II bond release on two parcels. The first parcel includes SP-2 stock pond <br /> consisting of 1.7 acres. SP-2 is in the location of the reclaimed sediment Pond 9. hi 2020, the operator <br /> reconfigured pond 9 to permanent stock pond SP-2. The permanent stock pond and reconfiguration was <br /> approved with TR93 (December 2, 2019). <br /> The Second Parcel requested for Phase II Release 0.1 acres of Phase I bond release associated with the C- <br /> 15 Ditch. The C-15 Ditch was approved to remain as a permanent feature to support the SP-2 Pond's post- <br /> mining land use of a stock pond for a dryland pasture. <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 the <br /> Act are fully met...". The same rule goes on to state, "No acreage shall be released from the permit area <br /> until all surface coal mining and reclamation operations on that acreage have been completed in <br /> accordance with the approved reclamation plan." <br /> ERMR is requesting Phase II bond release on two parcels. The first parcel includes SP-2 stock pond <br /> consisting of 1.7 acres. SP-2 is in the location of the reclaimed sediment Pond 9. In 2020, the operator <br /> reconfigured pond 9 to permanent stock pond SP-2. The permanent stock pond and reconfiguration was <br /> approved with TR93 (December 2,2019). <br /> The Second Parcel requested for Phase II Release 0.1 acres of Phase I bond release associated with the C- <br /> 15 Ditch. The C-15 Ditch was approved to remain as a permanent feature to support the SP-2 Pond's post- <br /> mining land use of a stock pond for a dryland pasture. <br /> III. OBSERVATIONS AND FINDINGS <br /> C1981008 SL26 Page 6 of 9 <br />