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Phil Jensen • 9 Oct 97 Page 11 of 18 Pages Enclosure 4 (Extracts of RULE 3 PERFORMANCE BOND REQUIREMENTS) 3.03 RELEASE OF PERFORMANCE BONDS 125(9) 3.03.1 Criteria and Schedule for Release of Performance Bonds. 125(9) (1) The Division, or the Board where an adjudicatory hearing is held pursuant to 3.03.2(6), shall release a performance bond, in whole or in part, when it is satisfied the reclamation covered by the bond or portion thereof has been accomplished as required by these Rules and according to the schedule set forth in (2) below. (2) The maximum amount under performance bonds applicable to an increment or a permit area which tray be released shall be limited to the following schedule: • t25(9)(a) (a) Up to sixty percent of the applicable bond amount shall be released when the permittee successfully completes backfilling, regrading, and drainage control in accordance with the approved reclamation plan; t25(9)(b) (b) Up to eighty-five percent of the applicable bond amount shall be ,released upon the establishment of vegetation which supports the approved postmining land use and which meets the approved success standard for cover, pursuant to 4.15.8, meets applicable productivity standards for prime farmlands or alluvial valley floors pursuant to 3.03.1(3)(b), or croplands pursuant to 4.15.9. With the exception of prime farmlands, evaluation of vegetation establishment pursuant to this paragraph is based on statistically valid data collected during a single year of the liability period; and 125(9)(c), l20(2)(t) (c) The remaining portion of the bond amount shall be released when the permittee has successfully completed all surface coal mining reclamation operations in accordance with this approved reclamation plan, and the final inspection and procedures of 3.03.2 Enclosure 4 i '.