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cover nor less than 3% of [he measured vegetative cover." No forb species are required as a part of <br />the diversity standard. <br />In the 1995 data, ten (10) species were found to comprise greater than 3% relative cover. None <br />constituted an excess of 40% relative cover. Nine of the ten species were perennial cool season grasses. <br />All of the grass species are considered supportive of the post-mining land use of rangeland and <br />wildlife. The 1996 data measured seven perennial species with relative cover values between 3 to <br />40%. Six of the seven species were cool season grasses. None of the species counted towards the <br />diversity standard are noxious. The Division fmds that reclaimed area meets the requirements of Rule <br />4.15.8(5). <br />The period specified by Rule 3.02.3(2)(b) for the minimum period of liability has been met (1996, ten <br />years from the date of seeding). No bond amount is required to be retained for a third party to cover <br />the cost of reestablishing revegetation. <br />Concerns regarding weeds were presented by Mr. Jensen, a landowner (letters, September 8, 1997, <br />Document 14, and September 12, 1997, Document 15). The Division considered the information <br />presented by Mr. Jensen and responded to the concerns (including those presented at the inspection, <br />see Document 5) by letters of 16 October 1997 (Document 18) and 29 October 1997 (Document 19). <br />The Division acknowledges that Mr. Jensen is not pleased with the weeds within the Permit area, but <br />has determined that the reclaimed areas meet the requirements of the Permit (reclamation plan). <br />including weed control. The operator has enacted a weed control program since 1987 on the Mine site <br />(Application, page 12; see also Document 18). The Nine-mile area of Rio Blanco County, where the <br />Mine is located, has a severe infestation of Leafy spurge (Euphorbia esula)(U.S. Department of <br />Agriculture, Soil Conservation Service, letter of September 11, 1990, Permit, Page M-12T). This <br />chemical control of noxious weeds has limited, though not completely prevented, weed within the <br />reclaimed areas. <br />3. Rule 3.03.1(3)(d) Minimum Retention -Remaining Reclamation Work <br />The Division shall not release any amount under performance bonds applicable to a permit if such <br />release would reduce the total remaining amount under performance bonds to an amount less than that <br />necessary for the Division to complete the approved reclamation plan. <br />The Division finds all reclamation work completed. Thus no amount of bond is required to be <br />retained. <br />4. Rule 3.03.1(3)(e) Release of Forfeiture Bond <br />When the permit includes an alternative postmining land use plan for industrial or commercial, or <br />residential use, approved pursuant to Rule 4.16.3, the Division shall require the maintenance of bond <br />coverage throughout the applicable liability period, sufficient for the Division to achieve compliance <br />22 20 January 1998 <br />