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with the standards for revegetation applicable to the pre-mining land use under 4.15, in the event the <br />alternative postmining land use is not developed in the event of bond forfeiture. <br />The Applicant is, by exception, in compliance with this rule. No alternative postmining land use plan <br />was proposed and the applicable liability period has expired. Pre-mining, and approved post-mining <br />land use, was range and livestock grazing and wildlife habitat. Hunting and fishing were also pre- <br />mining activities. (Permit, page M-41.) The retention of permanent features in the reclamation plan <br />was permitted under these definitions (i.e., no changes of land use to industrial or commercial were <br />required, Permit, page M-44C). <br />5. Rule 3.03.1(4) Minimum Retention - $10,000 Minimum <br />No bond shall be fully released until all reclamation requirements of these Rules and the Act are fully <br />met, and in no case shall the total bond amount applicable to a permit area be less than $10,000, in <br />accordance with 3.02.2(3), until bond for the entire permit area is fully released. No acreage shall be <br />released from the permit area until all surface coal mining and reclamation operations on that acreage <br />have been completed in accordance with the approved reclamation plan. <br />The Division retained $184,071 for unfinished reclamation activities. A Proposed Decision to fully <br />release the bond for the entire permit area is based on this Findings of Compliance that all surface coal <br />mining and reclamation operations have been completed in accordance with the approved reclamation <br />plan. A minimum retention (bond) of $10,000 is not required. <br />6. Rule 3.03.1(5) Temporary Drainage and Sediment Structures <br />Release of bond coverage for liability associated with temporary drainage and sediment control <br />facilities including impoundments and conveying systems shall be authorized only after final inspection, <br />acceptance, and approval by the Division. Such approval shall be granted based on determination by <br />the Division that backfilling and grading, topsoiling, and reseeding of such facilities have been <br />completed incompliance with the approved plan. Vegetative cover must be adequate to control erosion <br />and similar to the reclaimed area or surrounding undisturbed area. Reclaimed temporary drainage <br />control facilities shall not be subject to the extended liability period of Rule 3.02.3(2) or the bond <br />release criteria of Rule 3.03.1(2). <br />An inspection, acceptance, and approval by the Division of successful reclamation of the permanent <br />impoundments was accomplished on August 14, 1997. Montltly inspections through November 1997 <br />confirm the successful reclamation of the impoundments. Backfilline and grading, topsoiling, and <br />reseeding of such facilities have been completed incompliance with the approved plan. Vegetative <br />cover was found to be adequate to control erosion and similar to the reclaimed area or surrounding <br />undisturbed area. These reclaimed permanent impoundments (once temporary drainage control <br />facilities) are not subject to the extended liability period of Rule 3.02.3(2) or the bond release criteria <br />of Rule 3.03.1(2). <br />23 20 January 1998 <br />