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Nh~. Jeff Deckler <br />October 21, 1985 <br />Page 4 <br />the approved reclamation plan" in 3.03.1(2)(b) and rule 3.03.1(3)(b) which <br />states: <br />3.03.1(3) <br />(b) No more than sixty (60) percent of the band shall be <br />released so long as the lands to which the release would be <br />applicable one contributing suspended solids to stz~amflow or <br />runoff outside the permit area in excess of premising levels <br />as determined by baseline data or in excess of levels <br />determined on ad,)acent nonmined areas; <br />Both rules deal with adequate on-site erosion and sediment control in <br />order to minimize subsequent off-site sediment loading. There are neither <br />premin.ing sediment data nor data fx~ adjacent arms, but sediment loadirg <br />fx~ the reclaimed pit area is expected to be belay px+e-mining or adjacent <br />levels. The set+~++P*+t control structures that control the drainage of the <br />pit area are designed to be zero dischaxcJe fora 30-year storm event. <br />The term "success ful establishment of revegetation" in rule 3.03.1(2)(b) <br />has no quantitative criteria associated with it, which leaves it open to <br />interpretation. Qualitatively, it is correlatd to "the costa of <br />reclamation activities..:' within the same rule. The Division (according <br />to your September 25, 1985 letter) has interpreted "successful <br />establishment" to mean the establishment of vegetative cover to a level of <br />at list 90Ai of that in the reference area with 90~ statistical confidence <br />pursuant to Rule 4.15.8. Rule 4.15 is not referenced for Phase II bond <br />release in the rules, but is for Phase III through rule 3.03.1(2)(b); <br />therefore, quantitative revegetation data is required for Phase III band <br />release arri not for Phase II. <br />If the Phase II bond release is related to "that amount of bond for the <br />revegetated area which would be sufficient for a third party to cover the <br />cost of reestablishing revegetation at any time during the period <br />specified...". Sun Coal Company believes the 15~ retained during the Phase <br />III bonding period would be sufficient to cover those costs. The <br />following inventory presents the ousts to revegetate the backfilled area, <br />plus additional monies to maintain the area during the bonding period. <br />„~~ <br />~'~.~'.J..... ..J~l <br />