GENERAL41337 - Laserfiche WebLink

Home Browse Search

r revegetation of the slopes discussed above which are currently dominated by annual vegetation. The approved seedmix seeded in 1991 included 5 perennial grasses, 2 saltbush species, winterfat, and bitterbrush. The seeded species have not established on the subject slopes. Project specifications have not yet been developed, but I would assume they would include provisions for seedbed preparation, seeding with a seedmix containing adapted perennial grasses and shrubs, and mulching. Surface manipulation such as furrows or small benches for water retention and to provide microsites more suitable for germination and establishment might also be included. Fall or early spring treatment of cheatgrass with Roundup herbicide prior to perennial germination may also be included to minimize competition for the seeded vegetation during the initial growing season. Seeding directly onto the steep slopes with no seedbed preparation or mulch application would have little likelihood of success. The revegetation success standard set forth in the reclamation plan and apparently accepted by the Division requires 25$ aerial cover. The percentage of the cover to be provided by perennial vegetation is not specified, but to provide for long term stabilization of the slopes and meet reclamation plan objectives, adapted perennial species should comprise a significant component of the stand, comparable in extent of cover to adjacent slopes of similar gradient and exposure. As you are aware, for situations involving permitted sites where the bond has not been forfeited, there is a specific process for phased bond release set forth in the regulations. Phase 1 release can occur upon successful completion of backfilling and grading, and up to 60~ of the applicable bond amount can be released. Indeed, this did occur with respect to the Fruita Mine, in May, 1991, when the bond amount was reduced from $91,000.00 to $36,000.00. Phase II release can occur when vegetation supporting the approved postmining land use has been established. The amount released at Phase II can be up to 85$ of the original amount, thus the bond amount for Fruita could be reduced to $22,350.00 in the event of a Phase II bond release. The remaining bond amount could be released when all requirements are met, and the 10 year liability period has ended. The phased bond release process outlined above does not apply directly to the Fruita situation, however, because the $36,000.00 bond was forfeited by the Division in March, 1994. The regulation pertinent to the current situation is Rule 3.04.2(4), which states that proceeds from a forfeited bond "shall be used by the Division for reclamation of the area covered by the bond." The rule further states that forfeited amounts in excess of costs required to complete the applicable approved reclamation plan "shall be refunded to the permittee or to the surety, whichever is appropriate." In answer to your question regarding when American Shield can get some bond monies back, and when all remaining bond funds could be