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B. Rule 3.03.1(2)(b) Eighty-five Percent Bond Release <br />• Up to eighty-five percent of the applicable bond amount shall be released upon the establishment of <br />vegetation which supports the approved postmining land use and which meets the approved success <br />standard for cover, pursuant to 4.15.8, meets applicable productivity standards for prime farmlands or <br />alluvial valley floors pursuant to 3.03.1(3) (b), or croplands pursuant to 4.15.9. With the exception of <br />prime farmlands, evaluation of vegetation establishment pursuant to this paragraph is based on <br />statistically valid data collected during a single year of the liability period. Rule 3.03.1(3)(c) states, <br />"Where a silt dam is to be retained as a permanent impoundment as described in 4.05.6 or 4.05.9, more <br />than sixty (60) percent of the bond may be released only so long as provisions for sound future <br />maintenance by the petmittee or the landowner have been made with the CDMG." <br /> <br /> <br />The Application, for the most part, does not engage this Rule. This Application does address <br />replacement of topsoil over 712.1 acres. A sufficient depth of topsoil is required to establish <br />vegetation, and is considered part of Phase II reclamation work. No recognition of the <br />establishment of vegetation was requested by the Application. <br />The Permit requires replacement of a minimum of 18 inches of topsoil in all areas with the <br />exception of Section 11. A minimum of 12 inches of topsoil is required for areas within Section 11. <br />Table 2 of the Application is a summary of soil depth measurements. A review of Division Bond <br />Release Compliance Tracking reports on file, for areas of the Application, indicated: <br />Division Report Date Area' Findings <br />West Pit <br />10!25/96 Vicinity of the 1995 35-acre <br />parcel 2 holes, each over 18 inches <br />9/27/95 - 9/29/95 Vicinity of the 1995 35-acre <br />parcel 3 holes, all over 18" <br />East Pit <br />11/10/92 Vicinity of 1992 20-acre <br />parcel 18 inches <br />9127/94 Vicinity of 1994 54-acre <br />parcel, 1993 27-acre parcel 18 inches <br />9/27/95 - 9/29/97 Vicinity of 1995 20-acre <br />parcel 2 holes 18 inches, 1 hole 23 <br />inches <br />Section 11 Pi[ <br /> <br />22 Apri127, 1998 <br />