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<br />4 <br />II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />PHASE I <br /> <br />Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released <br />when the permittee successfully completes backfilling, regrading, and drainage control in <br />accordance with the approved reclamation plan." <br />PHASE II <br />Rule 3.03.1(2)(b) states, "Up to eighty-five percent of the applicable bond amount shall be <br />released upon the establishment of vegetation which supports the approved postmining land use <br />and which meets the approved success standard for cover... based on statistically valid data <br />collected during a single year of the liability period". In regard to Phase II bond release, Rule <br />3.03.2(3)(b) also states, " No more than sixty (60) percent of the bond shall be released so long <br />as the lands to which the release would be applicable are contributing suspended solids to <br />streamflow or runoff outside the permit area in excess of premising levels as determined by <br />baseline data or in excess of levels determined on adjacent non-mined areas". <br />Due to a myriad of legal, land owner, bankruptcy, and liquidation of assets problems, the <br />approved reclamation plan is no longer valid. The pond was removed at the onset and an "on <br />the spot reclamation plan" was devised with coordination between the bank, contractor and the <br />Division. Additionally, The permit area was previously disturbed by mining prior to being <br />permitted in 1987, hence, Rules 4.58(8) and 4.15.10(1) apply. <br />With regard to Phase I & II bond release, the revised reclamation plan returns the seven acres <br />of disturbed land to its post-mining land use of rangeland and wildlife habitat. <br />The revised reclamation plan included steps to seal all portals, reclaim the mine bench utilizing <br />all available material, reconstruct the main drainage channel, reclaim the main access road ,and <br />to install three sediment traps that would remain in place and "self reclaim". After all backfilling <br />and grading was completed, a rangeland seed mix would planted. Since this was a previously <br />disturbed site and topsoil was not salvaged, topsoil redistribution does not apply. The original <br />permit stated that a "Minimum cover standard of 70% live vegetation cover" would be set as <br />the revegetation standard. Investigations into the basis for requiring this cover standard on an <br />area where native plant communities exhibit 20% to 30% cover (NCRS range site descriptions) <br />found no explanation for the 70% standard. <br />