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Phil Jensen <br />• 9 Oct 97 <br />Page 12 of 18 Pages <br />have been satisfied. This shall not be before the expiration of the <br />period specified for revegetation responsibility in 3.02.3. <br />1z5(9)(b) (3) (a) When determining the amount of bond to be released, the Board <br />or Division shall retain that amount of bond for the revegetated <br />area which would be sufficient for a third party to cover the cost <br />of reestablishing revegetation at any time during the period <br />specified for petmittee responsibility for revegetation described in <br />3.02.3. <br />t25(9)(b), t to(z)(c0 (b) No more than sixty (60) percent of the bond shall be released so <br />l la(2)(e)(1) long as the lands to which the release would be applicable are <br />contributing suspended solids to streamflow or runoff outside the <br />permit area in excess of premising levels as determined by <br />baseline data or in excess of levels determined on adjacent <br />nonntined areas; until soil productivity for prime farmlands has <br />returned to equivalent levels of yield as nonmined land of the . <br />same soil type on the surrounding area under equivalent <br />• management practices as determined from the soil survey <br />performed under 2.04.12 and 2.06.6 and the success <br />determination methodology of 4.25.5(3)(a); or, on alluvial valley <br />floors, until the essential hydrologic functions and agricultural <br />productivity have been reestablished. <br />125(9)(b), 120(2)(h) (c) Where a silt dam is to be retained as a permanent impoundment as <br />described in 4.05,6 or 4.05.9, more than sixty (60) percent of the <br />bond may be released only so long as provisions for sound future <br />maintenance by the permittee or the landowner have been made <br />with the Division. <br />(d) The Division shall not release any amount under performance <br />bonds applicable to a permit if such release would reduce the total <br />remaining amount under performance bonds to an amount less than <br />that necessary for the Division to complete the approved <br />reclamation plan. <br />(e) When the permit includes an alternative postmining land use plan <br />for industrial or commercial, or residential use, approved pursuant <br />to 4.16.3, the Division shall require the maintenance of bond <br />coverage throughout the applicable liability period, sufficient for <br />. Enclosure 4 <br />