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Phase II Bond Release <br />A Phase II bond release is allowed by those parts of Section 3.03.1(2)(b) which say, "Up to <br />eighty-five percent of the applicable bond amount shall be released upon the establishment <br />of vegetation which supports the approved postmining land use...." and "....which meets the <br />approved success standazd for cover based on statistically valid data collected during a single <br />year of the liability period." <br />As a pre-law disturbance, topsoil beneath and next to the conveyor was not salvaged. The original <br />permit approval allowed topsoil to remain in place owing to safety concerns on the steep slopes. The <br />Goat Trail roadway was constructed in 1953 and topsoil was not salvaged. The graveled pad area in <br />the lower facilities area was approved as permanent in Technical Revision 37 and has no topsoil <br />replacement requirements. <br />Only the conveyor corridor portion of the bond release area has a revegetation requirement. As set <br />forth on permit page 4.4-22a, the requirement is live plant cover sufficient to control erosion, as <br />required by Section 4.15.10(2). The lower facility portion of the bond release area is a graveled pad <br />azea that is used by YVEA in support of their operations. As allowed under Section 4.15.10(3), the <br />landowner (P & M) had requested in writing in Technical Revision 37 that the revegetation <br />requirement of Section 4.15.10(2) be waived. The Division determined that revegetation is not <br />necessary to control erosion; therefore, the pad azea has no revegetation requirement. <br />Phase III Bond Release <br />Phase III is a final bond release. A Phase III bond release can occur: <br />When the applicable minimum period of liability is met. The liability period applicable <br />to the conveyor corridor portion of the bond release area lasts until a) the permittee <br />demonstrates that the approved industrial or commercial post-mining land use has <br />substantially commenced and is likely to be achieved, and b) the ground cover of living <br />plants provides sufficient erosion control as required by Section 4.15.10(2). The lower <br />facility portion of the bond release azea has no minimum liability period because, as <br />allowed under Section 4.15.10(3), it has no revegetation requirement. [Section <br />3.02.3(2)]; <br />2. When the permittee has successfully completed all surface coal mining reclamation <br />operations in accordance with the approved reclamation plan [Section 3.03.1(2)(c)]; <br />3. When all reclamation requirements of the Rules and the Act are fully met [Section <br />3.03.1(4)]; and <br />4. When the final inspection and evaluation procedures of Section 3.03.2 have been <br />satisfied [Section 3.03.1(2)(c)]. <br />