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The operator collected vegetation cover data on the reclaimed area in June 2006 and in June <br />2007. The area was sampled eleven and twelve years after the initial seeding. The period of <br />liability in accordance with Rule 3.02.3(b) has been met. Methods used to sample the live <br />vegetative cover are described in the permit. The approved post-mining land use is <br />undeveloped rangeland. <br />The operator collected point-intercept live vegetation data using fifteen 25M long transects. <br />The permit had stated that 100 foot long (30.SM) transects would be used. The shorter length <br />transects, 25M versus 30.SM, used for data collection on the site are acceptable. The live <br />vegetative cover data achieved adequacy for both 2006 and 2007 sampling events. The <br />adequacy formula found in the Division's Guideline Regarding Selected Coal Mine Bond <br />Release Issues, dated April 18, 1995, was used by the operator to determine statistical <br />adequacy for the live vegetative cover data. <br />Live vegetative cover measured in 2006 was 57.47%. Live vegetative cover measured in <br />2007 was 57.73%. Both 2006 and 2007 vegetative cover exceeded the reclamation cover <br />standard of 35%. Vegetation is considered successful for the reclaimed area for both 2006 <br />and 2007. <br />Though not required for the revegetation standard at the Eastside Mine, the operator also <br />provided species composition data for both 2006 and 2007 sampling events. The re- <br />established vegetative community on the mine site is composed of a diverse mix of grasses, <br />fortis and shrub species. The 2006 data measured 14 species, with 6 species exceeding 3% <br />relative cover. No one species exceeded 25% relative cover. No noxious species were <br />encountered during the 2006 sampling. The 2007 data measured 13 species, with 7 species <br />exceeding 3% relative cover. No one species exceeded 25% relative cover. No noxious <br />species were encountered during the 2007 sampling. Cheatgrass (Bromus tectorum) was <br />present in significant amounts during both 2006 and 2007 sampling events, however plenty <br />of other desirable perennial grass species made up the majority of the grass cover on the site. <br />Although woody plant species establishment was not a requirement for the revegetation <br />success on the Eastside Mine, a significant portion of the live vegetative cover for both <br />sampling years was attributed to woody species: 34.19% relative cover in 2006 and 29.38% <br />relative cover in 2007. <br />Based on the data presented in the two reports prepared by Savage and Savage, Inc., the <br />revegetation at Eastside Mine is deemed successful. The reports correlate with what was <br />observed by the Division during the on-site bond release inspection conducted October 24, 2007. <br />Based upon the Phase III Bond Release Application and the field inspection, the Division finds <br />that the Phase III vegetation requirements for Eastside Mine meet the revegetation success <br />criteria approved in the permit. <br />Eastside Mine Page 7 October 31, 2007 <br />Phase III Bond Release <br />