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II. CRITERIA AND SCHEDULE FOR BOND RELEASE PHASEI Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released when the permittee successfully completes backfilling, regrading, and drainage control in accordance with the approved reclamation plan." With regazd to Phase I bond release, the approved post-mining topography for the Mine No. 2 was released September 1, 1987. PHASE [I Rule 3.03. I (2)(b) states, "Up to eighty-five percent of the applicable bond amount shall be released upon the establishment of vegetation which supports the approved post-mining land use and which meets the approved success standard for cover... based on statistically valid data collected during a single yeaz of the liability period". In regazd to Phase II bond release, Rule 3.03.2(3)(b) also 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 are contributing suspended solids to streamflow or runoff outside the permit azea in excess ofpre-mining levels as determined by baseline data or in excess of levels determined on adjacent non-mined areas". Mining in the Mine No. 2 azea began in the late 1970's. Permit mag 41 (dated 4(16/80) documents that portions of Mine No. 2 were mined prior to August 3, 1977, between August 1977 and May 1978, between May 1978 and August 1979, and some portions mined after September 1, 1979. Coal extraction ceased in the Mine No. 2 azea in 1980. Review of Division inspection reports conducted in 1979 and 1980 verify that topsoil was salvaged and either direct hauled or stockpiled. Topsoil was replaced over most of the Mine No. 2 azea during 1980, with a small amount of topsoil redistributed in 1981 (Map 41). Only one topsoil stockpile remains in evidence at the Mine No. 2 area. The remaining topsoil pile, TS 3-3, will be used during the reclamation of pond K. All other topsoil stockpiles have been redistributed throughout the reclaimed mine site. As stated in the permit (Page 780-136-2), the "revegetation of reclaimed sites will be deemed successful when measurements of reclaimed herbaceous cover and productivity are at ]east 90 percent of the cover and productivity values for the reference azea with 90 percent statistical confidence." Productivity is not a criteria for reclamation success at Phase II evaluation, so productivity will not be considered in the evaluation for Phase [I success. The approved post-mining land use for Mine No. 2, West Block and East Block, is pastureland. The operator has been running a cattle operation on these reclaimed areas for a number of years. The absence of excess erosional features and the vegetation annual recovery indicate the reclaimed area is capable of supporting pastureland grazing use.