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a Phase I bond release. <br />Phase II <br />Approved page 516 of the permit documents topsoil replacement on 5.7 acres of <br />the refuse disposal area and 5.6 acres of replacement on highwall areas. <br />Approximately 17.3 acres was approved for reseeding using a soil substitute <br />material as approved following a study completed in October 1994, titled Soil <br />Suitability Report. Approximately 75% of the disturbed area at the mine was <br />disturbed pre-law and topsoil was not salvaged. Field inspection has <br />documented that all topsoil was distributed and none remains for replacement. <br />Based on the vegetation data collected, vegetative cover exceeds the required <br />standard by 16%. Therefore, reclaimed areas produce less runoff and sediment <br />than similar undisturbed areas. <br />Phase III <br />The mine was reclaimed in 1994 with initial seeding occurring in late fall 1995. <br />Limited inter-seeding has occurred in February 1996, May 1996, November <br />1999, May 2000, and seeding of pond cleaning material occurred in May 2003. <br />Vegetation sampling was conducted June 17-23, 2004, September 4-6, 2004, <br />and June 20-24, 2005 to coincide with peak vegetative growth and vigor. <br />Vegetation success standards are found on Raton Mine Permit page 521 and <br />522. Sampling methodology is described on page 522 in the Permit Application <br />Package (PAP). Approved seed mixes for re-establishing rangeland are found <br />on pages 524 and 525 of the PAP. Cover, production and woody stem density <br />data were all collected to sample adequacy with a 90% level of confidence. <br />2004 Vegetation Sampling <br />Phase III bond release requires that revegetation be successful for at least the <br />last two years of the ten-year liability period. Vegetative cover, productivity, <br />species diversity and woody plant density measure revegetation success. EFCI <br />hired IME to conduct the revegetation surveys in the summers of 2004 and 2005, <br />the last two years of the ten-year liability period. <br />The approved reclamation standard for live vegetative cover is greater than or <br />equal to 25%. Subtraction of the percentage of cover provided by noxious <br />species and annual/biennials results in an "allowable" cover value. Vegetation <br />sampling data collected in 2004 found live "allowable" vegetative cover to be <br />28.13%. Regarding vegetative cover, the operator has demonstrated the cover <br />standard was achieved at the Raton Creek Mine for the 2004 sampling event <br />(year 9). <br />The approved productivity standard for the Raton Creek Mine is 300 Ibs air-dry <br />biomass/acre. Vegetation production data was collected from three Y< MZ <br />