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The Division considers the backfilling and grading plan for the Bear No. 3 Mine to be in <br />conformance with the permanent program regulations with the imposition of two <br />stipulations in the original Findings Document. Detailed engineering plans (Stipulation No. <br />10), and portal bench monitoring (Stipulation No. 21) were requested by the Division_ Both <br />stipulations were satisfied previously and, therefore, have been terminated. <br />No underground development waste was placed on the surface at the Bear No. 3 Mine. The <br />Bear Coal Company disposed of underground development waste within the abandoned <br />workings (First East panel) of the No. 3 mine. <br />With the stipulation, the Beaz Coal operation is in compliance with the provisions of this <br />section. <br />XI. Revegetation <br />Revegetation activities at the Beaz No. 3 Mine included topsoil replacement, seedbed <br />preparation, seeding, and mulching. No topsoil was applied to the backfilled and <br />graded portal area and portal access road, although the azea was seeded and mulched <br />right after backfilling and grading in 1997. The west yard area was topsoiled in 1999, <br />but not seeded unti12000. There was limited interseeding within a 3 acre area in 2001. <br />Cover measurements on the reclaimed azea will be taken along randomly located <br />transects. A point frame will be used to record 50 equally spaced measurements per <br />transect. A minimum of ten transects will be required. Vegetation cover will be <br />recorded by species. First and second hits on vegetation will be used in the calculation <br />of percent cover. Each separate transect would be one sample, with the percent cover <br />value for each sample determined by totaling the first hits on vegetation and dividing <br />by 50. Hits oa bare ground, rock and litter will be recorded separately. If sample <br />adequacy is not met with ten transects, additional transects will be located and <br />measured until adequacy is obtained. <br />Herbaceous production sampling will consist of clipping the herbaceous vegetation in <br />quarter meter plots located along the previously discussed transects. Five plots will be <br />clipped along each transect. A minimum of five transects, the first five randomly <br />selected transects, will be required. If sample adequacy is not met with this minimum <br />number, more randomly located transects will be sampled until adequacy is met. <br />Measurements of woody plant density will consist of counting the number of shrubs <br />with 25 randomly located lm x 25m, belt transects. <br />Due to the fact that the area adjacent to the Beaz No. 3 portal has been previously <br />disturbed, the success criteria of Rule 4.15,10 are applicable. Specifically, the Bound <br />cover of living plants shall not be less than can be supported by the best available <br />topsoil and shall be sufficient to control erosion. The more stringent requirements of <br />Rule 4.15.8, which include meeting standards for herbaceous production and species <br />25 <br />