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Rule 4.15.7(5) states that, "The liability period under the performance bond requirements of 3.02.3 begins <br />after the last year of augmented seeding, fertilization, irrigation or other work. The liability period shall <br />continue for not less than either five (5) or ten (10) years, as appropriate, as described in 3.02.3. The <br />revegetation success criteria as defined in relevant subsections of 4.15 shall be met for at least two of the <br />last four years of the liability period. Sampling for final revegetation success shall not be initiated prior to <br />year nine (9) of the liability period. The liability period shall re-initiate whenever augmented seeding, <br />planting, fertilization, irrigation, or other augmentive work is required or conducted. Management <br />activities that are not augmentive and are approved as normal husbandry practices may be conducted <br />without re-initiating the liability period under the following specified conditions:...". <br />Rule 4.15.8 (2) states that, "Vegetative cover and herbaceous production, species diversity and woody <br />plant density on the reclaimed surface shall be at least equal to the vegetative cover and herbaceous <br />production, species diversity and woody plant density of living plants on the approved reference area or to <br />the standards established in 4.15.7(2)(d). In addition, the vegetation on the reclaimed area shall be of the <br />same seasonal variety native to the area of disturbed land, or shall consist of species that support the <br />approved post-mining land use." <br />Rule 4.15.11(2) states that, "Demonstrations of sample adequacy and revegetation success for cover and <br />productivity shall be made with one of the following statistically valid approaches in (a), (b), or (c). <br />Demonstrations of sample adequacy and revegetation success for woody plant density shall be made with <br />one of the following statistically valid approaches in (a), (b), or (c), or with one of the alternative <br />approaches specified 4.15.11(3)." <br />II. OBSERVATIONS AND FINDINGS <br />The operator is requesting a full ($690,270.00) Phase III Bond release on 372.7 acres of the Marr Mine. <br />Several small areas at the Mine site totaling 8.0 acres, and 11.7 acres at the Loadout, are exempt from the <br />Phase III Bond Release request due to not having reached the 10-year liability time frame (Rule <br />3.02.3(2)(b)). The operator is required to retain legal access to the remaining acreage (Rule 2.03.6); <br />therefore, the mine access road to the facilities area will need to remain in the permit until such time as the <br />Division approves final bond release on the remaining 8.0 acres at the mine site. The access road <br />comprises 9.0 acres. The Division currently holds a bond in the amount of $700,270.00. KCC proposes <br />that a reclamation bond in the amount of $10,000.00 be retained for the remaining 11.7 acres at the <br />loadout and 8.0 acres at the mine site that have not yet met Phase III criteria. The access road is approved <br />to remain as a permanent structure, thus no bond will be retained for its reclamation. <br />Phase I Bond Release areas at the Marr Mine: KCC has requested Phase I Bond Release for areas at <br />the Marr Mine that have been approved as permanent structures or have not been included in previous <br />bond release requests. These areas include the mine access road from Jackson County Road No. 12E to <br />the mine facilities area, reclaimed Pond G, Pond G topsoil pile footprint, Pond G road, culverts under the <br />permanent roads, ditches associated with the permanent roads and ponds, surface mine facilities area, <br />reclaimed Pond C and its associated topsoil pile footprint, permanent ponds A, B, D, E, and F, and two <br />areas seeded in 1999 (one on the southeast corner of the facilities area and the other northwest of Pond B). <br />Marr Mine SL4 4