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approved success standard for cover based on statistically valid data collected during a single yeaz of the liability period." Section 3.03.1(3)(b) states "No more than sixty (60) percent of the bond shall be released so long as the lands to which the release would be applicable aze contributing suspended solids to streamflow or runoff outside the permit azea in excess of premining levels as determined by baseline data or in excess of levels determined on adjacent nonmined azeas". The approved postmining land use of the Apex No. 2 Mine is grazing and wildlife habitat. As explained in the following discussion of Phase III Bond Release, the Division approved minimum revegetation success standazds that must be met for final (Phase III) bond release. The standazds aze based on what is sufficient to support the postmining land use; therefore, satisfaction of the Phase III standards would indicate satisfaction of the Phase II requirements. Phase II release requires that statistically valid data be collected in only a single year, while Phase III requires data collection in the last two consecutive yeazs of the liability period. Phase III Bond Release Phase III is a final bond release. A Phase III bond release can occur: No less than 10 yeazs after the last yeaz of augmented seeding, fertilizing, irrigation or other work [Section 3.02.3(2)]; 2. When the permittee has successfully completed all surface coal mining reclamation operations in accordance with the approved reclamation plan [Section 3.03.1(2)(c)]; 3. When all reclamation requirements of the Rules and the Act aze fully met [Section 3.03.1(4)]; and 4. When the final inspection procedures of 3.03.2 have been satisfied [Section 3.03.1(2)(c)]. As set forth on page 184-14 of the permit application, the Apex Mine's revegetation success criteria aze: Cover: 1. Minimum herbaceous cover of 42%. Production: Minimum 900 pounds per acre. Apex No. 2 Mine Page 6 January 24, 2003 Phases I, II, and III Bond Release