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-5- 2) Small cut above Scoria Pit - In this area there is a small cut where the reclaimed area meets the undisturbed topography. The operator claims that this is part of a ranch road system. However, the Division has not received any written verification from the landowner stating that the road is to be left, as per Rule 2.05.5 and a the Division letter of February 7, 1982. The Division finds that the operator is responsible for backfilling and grading this cut to blend in with the undisturbed topography. 3) An area on the southern most portion of the bench where it meets with the undisturbed topography - Due to insufficient blending of the reclaimed and undisturbed topography in this area, a cut of approximately four feet in height remains. A potential for headcutting of erosion gullies exists at this point as a result of the incomplete backfilling. The Division finds that the operator is responsible for additional backfilling and grading in this area. Drainage - The Division has received several complaints from the landowner concerning the reclaimed drainage. The landowner contends that due to the reclamation operations, water now flows from an adjacent property onto his property. He alleges that this increased flow contributes to erosion on his land. The Division finds that although the drainage of the area has been modified, the operator has acted in accordance with the approved reclamation plan. Further the Division finds that claims of increased erosion due to alterations in the drainage pattern are unwarranted. B. Phase II - CMLRB Regulation set forth two criteria for Phase II bond release. Rule 3.03.1(2)(b) states that, "Up to 85 percent of the total bond amount applicable to an increment or a permit area may be released upon the successful establishment of vegetation in accordance with the approved reclamation plan...". Rule 3.03.1(3)(b) states "No more than 60 percent of the bond shall be released so long as the lands to which the release would be applicable are contributing suspended solids to streamflow or runoff outside the permit area in excess of pre-mining levels...". Successful Establishment of Revegetation - The Division has reouired Sun Coal ompany to su mit tec m ca ata w is demonstrates that the vegetative cover standards of Rule 4.15.8 have been met. This information is necessary to demonstrate that vegetation has been successfully reestablished. The Division has also reouired the applicant to submit information on the implementation of the seeding program and the species composition of the existing stand, as part of the fulfillment of Rule 3.03.1(2)(b). Sun Coal has expressed the opinion that the use of Rule 4.15.8 is inappropriate. The operator feels that this standard should be applied only for Phase III (100 percent) bond release. Further, the operator feels that mulch and rocks should be included in the cover measurement, as they contribute to erosion control.