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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 <br />approved success standard for cover based on statistically valid data collected during a single <br />year of the liability period." Section 3.03.1(3)(b) states in part that no more than sixty percent of <br />the bond shall be released so long as the lands to which the release would be applicable are <br />contributing suspended solids to streamflow or runoff outside the permit area in excess of <br />premining levels. Contiguous fill and cut slopes of the pad, embankments of the access road, and <br />the most southern tip of the proposed bond release are to be revegetated to meet these <br />requirements. <br />Phase III Bond Release <br />Phase III is a final bond release. A Phase III bond release can occur: <br />1. When the permittee demonstrates that the approved industrial or commercial post- <br />mining land use has substantially commenced and is likely to be achieved, and b) the <br />ground cover of living plants provides sufficient erosion control as required by Section <br />4.15.10(2). [Section 3.02.3(2)]; <br />2. When the permittee has successfully completed all surface coal mining reclamation <br />operations in accordance with the approved reclamation plan [Section 3.03.1(2)(c)]; <br />3. When all reclamation requirements of the Rules and the Act are fully met [Section <br />3.03.1(4)]; and <br />4. When the final inspection and evaluation procedures of Section 3.03.2 have been <br />satisfied [Section 3.03.1(2)(c)]. <br />IV. OBSERVATIONS AND FINDINGS <br />Phase I Bond Release <br />The Division verified during regulaz monthly inspections, and during the bond release inspection, <br />that the graveled azeas and drainage system aze as approved in the reclamation plan, aze <br />functional, and aze in good repair. <br />Based on the foregoing observations, the Division finds that the 3.3 acres of the bond release <br />application meets all the requirements for Phase I bond release. <br />Phase II Bond Release <br />Approximately 2.3 acres of the bond release application are, by exception, in compliance with <br />this Phase II bond release criteria. No topsoil is required to be placed over the permanent gravel <br />pad and access road. No vegetative cover is required to be generated on the permanent gravel pad <br />and access road. Areas within the right of way of the road that aze road embankments, and the cut <br />7 <br />