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<br />Findings of the <br />Colorado Division of Minerals and Geology <br />for the <br />Meeker Area Mines <br />Phase II Bond Release Application <br />I. <br />I I. <br />Procedure for Seeking Release of Performance Bond (Rule 3.03.2) <br />The Division finds that, based on the review process history, the requirements for seeking <br />release of performance bonds as set forth in Rule 3.03.2 have been met. Copies of <br />written notices as required by Rule 3.03.2(1)(a) have been submitted to the Division. <br />Proof of publication of a public notice, in accordance with Rule 3.03.2(1)(b), has also <br />been submitted. A site inspection was held, in accordance with Rule 3.03.2(2), and <br />appropriate parties notified of the inspection. <br />Criteria and Schedule for Release of Performance Bonds (Rule 3.03.1) <br />Phase II -Rule 3.03.1(2)(b) states that "up to eighty-five percent of the applicable bond <br />amount shall be released upon the successful establishment of revegetation in accordance <br />with the approved reclamation plan. Such release shall be based on the costs of <br />reclamation activities, including but not limited to replacement of topsoil, seeding, <br />irrigating and fertilizing." Rule 3.03.1(3)(b) states that "No more than sixty (60) percent <br />of the bond shall be released so long as the lands to which the release would be <br />applicable are contributing suspended solids to streamflow or runoff outside the permit <br />area in excess of premising levels as determined by baseline data or in excess of levels <br />determined on adjacent nonmined areas; until soil productivity for prime farmlands has <br />returned to equivalent levels of yield as nonmined land of the same soil type on the <br />surrounding area under equivalent management practices as determined from the soil <br />survey performed under 2.04.12 and 2.06.6; or, on alluvial valley floors until the essential <br />hydrologic functions and agricultural productivity have been reestablished:' <br />In order to assess the successful establishment of vegetation, the Division evaluates <br />vegetative cover and species composition on reclaimed land. When the vegetative cover <br />achieves the success standard set forth in the approved permit, the Division may find that <br />vegetative growth is adequate to control erosion. Species composition is evaluated to <br />verify that the revegetation is established in accordance with the approved reclamation <br />plan. For the purposes of Phase II bond release, this would imply that the vegetation <br />either meets or is progressing toward the diversity success standard established in the <br />Meeker Area Mines 4 Phase II Bond Release <br />