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<br /> <br />Mr. David Sturges - 2 - October 24, 1985 <br />II. Bond Release Ap plication Deficiencies - Phase II (85%) Bond Release <br />Phase II bond release of up to eighty-five percent is warranted under <br />Rule 3.03.1(2)(b) upon successful establishment of revegetation in <br />accordance with the approved reclamation plan. In addition, <br />Rule 3.03.1(3)(b) states that, "...no more than sixty percent of the <br />bond shall be released so long as the lands ... are contributing <br />suspended solids ... in excess of pre-mining levels or of levels <br />determined on adjacent non-mined areas." The Bond Release Applications <br />were deficient with respect to Phase II in that they did not demonstrate <br />that the reclamation performed met the standards set forth in either <br />Rule 3.03.1(2)(b) or Rule 3.03.1(3)(b). In order to fulfill these <br />requirements, the operator must submit information which demonstrates <br />that: <br />1. Topsoil has been replaced according to the approved reclamation plan. <br />2. Seeding, including the seed mix, seeding method, fertilizing, <br />mulching, etc., has been accomplished in compliance with the <br />approved reclamation plan. <br />3. Herbaceous cover meets the success criteria of Rule 4.15.8(3)(a), <br />and that this cover is composed predominantly of species in the <br />approved seed mix. <br />4. The reclaimed area is not contributing excess suspended solids off <br />site. Two methods of demonstration which may be acceptable to the <br />Division are direct measurements of sediment yield with comparison <br />to a reference area, or calculation of sediment yield using the <br />Modified Universal Soil Loss Equation. The Division's field <br />observations of erosion and sedimentation during monthly inspections <br />will be considered in the review of the demonstration provided by <br />the operator. <br />III. Topics of Discussion <br />The following is a list of topics which will be discussed by members of <br />the Division staff pursuant to the bond release request. Many of these <br />topics have been discussed with and/or submittals have been made by the <br />operator and landowner. Inclusion of these items herein does not <br />indicate any particular judgement on behalf of the Division. <br />1. Approximate Original Contour - both in general and as referenced in <br />the Division's letter of August 23, 1985. <br />2. Drainage Patterns of Reclaimed Areas <br />3. Slash Piles on Reclaimed Areas - with respect to post mining <br />land use (PMLU) <br />