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II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />Section 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be <br />released when the permittee successfully completes backfilling, regrading, and drainage <br />control in accordance with the approved reclamation plan." <br />Backfilling and regrading of the pit area were completed in 1983. The Division found <br />that the area approximated original contour and drainage had been reestablished, <br />granting a Phase I bond release for the area on June 12, 1986. <br />Section 3.03.1(2)(b) states, "Up to eighty-five percent of the applicable bond amount shall <br />be released upon the establishment of vegetation which supports the approved postmining <br />land use and which meets the approved success standard for cover... based on statistically <br />valid data collected during a single year of the liability period". In regard to Phase II <br />bond release, Section 3.03.2(3)(b) also states, " No more than sixty (60) percent of the <br />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 <br />of pre-mining levels as determined by baseline data or in excess of levels determined on <br />adjacent non-mined areas". <br />The Grassy Creek Coal Company pit area reclamation plan requires that it be reclaimed <br />to a rangeland and wildlife land use, and that the percent total vegetative cover must be <br />greater than or equal to 90% of the total cover measured for the reference area at a 90% <br />confidence level. Herbaceous production must be greater than or equal to 90% of the <br />reference area at a 90% confidence level. Species diversity is determined adequate if <br />monitoring data demonstrate the presence of at least 5 perennial species with relative <br />importance of at least 3%, with all of these species combined not exceeding 75% relative <br />importance nor any one of these species exceeding 40% relative importance. In <br />accordance with a request from the landowner, there is no requirement to reestablish <br />woody plants. This request was made and granted in the interest of reclaiming the area <br />for apost-mining land use of grazing. The required topsoil replacement depth is 6-9". <br />The Division previously determined that the minimum topsoil replacement depth has <br />been met, and the vegetation standards have been achieved. Phase II bond release for <br />the Grassy Creek Coal Company property was approved on September 18, 1995. <br />Section 3.03.1(2)(c) states that the final portion of performance bond, "shall be released <br />when the permittee has successfully completed all surface coal mining reclamation <br />operations in accordance with this approved reclamation plan, and the final inspection <br />procedures of 3.03.2 have been satisfied. This shall not be before the expiration of the <br />period specified for revegetation responsibility in 3.02.3:' Section 3.03.1(4) states, " No <br />bond shall be fully released until all reclamation requirements of these Rules and the Act <br />are fully met..:'. The rule further states, " No acreage shall be released from the permit <br />area until all surface coal mining and reclamation operations on that acreage have been <br />completed in accordance with the approved reclamation plan." <br />Meadows No. 1 Mine 4 Phase In Bond Release <br />