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s[reamflow or runoff outside [he permit area in excess of pre-mining levels as determined by <br />baseline data or in excess of levels determined on adjacent non-mined areas". <br />A Phase II bond release became final on or about January 19, 1997. Required liability was <br />reduced from $100,000.00 to $38,000.00. <br />PHASE III <br />Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be released when the <br />permittee has successfully completed all surface coal mining and reclamation operations in <br />accordance with the approved reclamation plan, and [he final inspection procedures of 3.03.2 have <br />been satisfied. This shall not be before the expiration of the period specified in 3.02.3." The <br />minimum liability period for this site was reached in November 1999. <br />CCM No. 1 was seeded in 1989 with a rangeland seedmix. The seed mix can be found in Table 16 <br />in the permit. <br />The post-mining land use of rangeland is consistent with the pre-mining land use. The reclaimed <br />community is dominated by cool season, perennial grasses with a mix of perennial, warm season <br />grasses, perennial forbs, and occasional sub-shrubs. Kaiser has demonstrated that the land can be <br />successfully grazed. The demonstrated recovery of the vegetation following grazing and the lack <br />of excessive erosional features indicate the reclaimed azea appears capable of supporting the <br />rangeland use with proper management. <br />OBSERVATIONS AND FINDINGS <br />PHASE I <br />Kaiser successfully completed the Phase I bond release process on December 31, 1990. There <br />were no public comments concerning the decision to reduce the required bond from $250,000.00 <br />to $100,000.00. <br />PHASE II <br />A Phase II bond release became final on or about January 19, 1997. Again, there were no public <br />comments received conceming this release. Required liability was reduced from $100,000.00 to <br />$38,000.00 <br />PHASE III <br />A. Reve elation <br />Vegetation data were collected in June 1998 (year nine) and July 1999 (yeaz ten) on the <br />reclaimed and reference areas. Additional diversity sampling was collected on the <br />reclaimed area in September 1998. Rule 4.15.7(5) requires that the revegetation success <br />5 <br />