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6 <br />Walden Coal Company seeded the loadout area with a grassland seedmix. This seedmix <br />consisted of Western wheatgrass (Agropryron smithii), Streambank wheatgrass (Agropyron <br />riparium) and Cicer milkvetch (Astragalus Cicer). The species in this seed mix are compatible <br />with the surrounding rangeland. Two of the three species are considered native with the legume <br />species, Cicer milkvetch, being the sole introduced species in the mix. The established <br />vegetation provides satisfactory cover for wind and water erosion control as evidenced by the <br />absence of erosional features throughout the loadout site. The reestablished vegetation on the <br />loadout does not inhibit the approved postmining land use. <br />The establishment of greenbelts, tree and shrub species as described in Rule 4.18(5)(k) is <br />inconsistent with the post-mining industrial land use of a rail loadout. Adjacent lands are <br />rangeland. The load out permit azea consists of less than three (3) acres. Rule 4.18(5)(k) does <br />not require compliance if the establishment of greenbelts are inconsistent with the approved <br />post-mining land use. The ground cover of two native grasses and one legume may be utilized <br />by small mammal and bird species. <br />Summarv and Conclusions <br />Based upon a review of the mine permit, the applicant's bond release application, and site <br />inspections, the Division finds that Walden Coal Company has successfully completed all surface <br />coal mining reclamation operations in accordance with the approved reclamation plan and met <br />all requirements of the Act and the Rules. <br />Due to the relatively flat grade of the site, lack of run on from adjacent land, good vegetative <br />cover throughout the site, well vegetated small area exemption, and the lack of erosional <br />features, the Division finds that the reclaimed area subject to this bond release is not <br />contributing suspended solids to streamflow or runoff outside the permit area in excess of pre- <br />mining levels or in excess of adjacent non-mined areas, as per Rule 3.03.2(3)(b). <br />Due to evidence supplied to the Division that the load out existed as an industrial rail loading <br />facility prior to August 3, 1977, and reestablishment of natural vegetation is inconsistent with the <br />post-mining land use, the Division finds that Rule 4.15.10(3) applies and has been met. <br />The rail spur is still active, as evidenced by adjoining property to the north of the loadout <br />actively being used as a materials loading site onto rail cars during November 1995. Indications <br />that the rail spur remains active demonstrates compliance with Rule 3.02.3(2)(c). <br />