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approved by the Division and implemented by EFMC. A vegetation cover standard <br />of 25% applies to all reclaimed areas. <br />PHASE III <br />Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be <br />released when the permittee has successfully completed all surface coal mining <br />reclamation operations in accordance with this approved reclamation plan, and the <br />final inspection procedures of 3.03.2 have been satisfied. This shall not be before <br />the expiration of the period specified for revegetation responsibility in 3.02.3." Rule <br />3.03.1(4) states, " No bond shall be fully released until all reclamation <br />requirements of these Rules and the Act are fully met...". This same rule also <br />states, " No acreage shall be released from the permit area until all surface coal <br />mining and reclamation operations on that acreage have been completed in <br />accordance with the approved reclamation plan." <br />V. OBSERVATIONS AND FINDINGS <br />PHASEI <br />The Phase I portion of this bond release request applies to a number of structures <br />and features previously excluded from four, prior bond release applications (SL-01 <br />to SL-04) for which the Division issued a decision and completed a written finding. <br />The structures and features that require a Phase I bond release determination are <br />the water tank, prep plant and two concrete pads, ditches PM-2, 3, 4, and 5, <br />ditches WDD 3 and 4, and the sediment pond. <br />Addendum E and pages 348-350 of the approved permit allow for the permanent <br />retention of the water tank, the concrete pads, associated walls and structure of <br />the prep plant, and the sediment pond. These permanent features were observed <br />during the field inspection. The final modifications to the sediment pond, as per <br />the approved plan described on permit page 482R, were found incomplete during <br />the inspection on September 21, 2005. However, the inspection on November 3, <br />2005 found the work completed in accordance with the approved plan. The <br />Division via FAX on December 6, 2005 received a final engineer's certification of <br />the modifications. <br />Ditches PM-2, 3, 4, and 5 were inspected during two bond release inspections <br />conducted on September 21 and November 3, 2005 and found complete and <br />constructed as approved. Ditches WDD 3 and 4 were also inspected during the <br />bond release inspections. Both of these ditches were selectively reclaimed to <br />restore flows from upland drainage above the reclaimed area back to natural flow <br />in undisturbed arroyos and through constructed permanent drainages across the <br />reclaimed area. <br />Therefore, as a result of work completed and reviewed under SL-05, all disturbed <br />areas under the liability of EFMC have successfully achieved the requirements for <br />