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for the Marr Pit area, due it being a pre-law disturbance. Therefore, SL4 shall release Phase II reclamation <br />liability for the Marr Pit. No monies are associated with the Phase II release for the Marr Pit. <br />Phase II Bond Release for Pit 1 <br />The Operator is requesting a Phase II Bond Release for the remaining 3.6 acres in Pit 1 that were denied <br />Phase II bond release during SL2. Mining occurred in Pit 1 from 1983 to 1993. The reclamation for this <br />area was completed in 1996. The criteria that need to be met for a Phase II Bond Release are topsoil <br />replacement, vegetative cover and hydrologic reclamation (sedimentation). <br />The two areas in Pit 1 that had previously been excluded from the Phase II Bond Release in SL2 were <br />repaired in the fall of 2000. The first area is in the back of the "horseshoe", on the south side of Pit 1. <br />The Division estimates this area to be approximately 2.5 acres. The second area is south of the <br />"horseshoe" (over the ridge) south and east of permanent drainage PD4. The gullying in this area was also <br />fixed by cutting contour furrows horizontally across the gullies. The Division estimates this area to be <br />approximately 1.1 acres. These areas can be seen on Drawing No. 1 of the bond release application <br />package "2007 Reclamation Map, Marr Mine". These two areas are included in this application for Phase <br />II and III bond release. <br />Establishment of Vegetation - To evaluate establishment of vegetation for Phase II bond release, the <br />Division requires a statistically adequate sample of vegetation cover collected on the reclaimed area and <br />on the reference area. The two previously excluded areas were not sampled separately from the rest of the <br />Pit 1 sample area. One transect, 2006 production transect 30, crossed one of the areas. During the bond <br />release inspection, the area at the southern portion of the PD3 drainage appeared to have some rilling <br />occurring. The area was snow covered with approximately 3 to 4 inches of fresh snow. A sediment trap <br />was immediately downslope of this small potentially rilled area and upslope of PD3. A GPS perimeter of <br />this area was approximately 1 acre. The previously excluded area south of PD4 had filled in well and <br />showed no sign of rilling. A follow-up inspection on November 13, 2007 found the area free of snow. <br />Close inspection of this area of concern found that rills were not recently active. Plant material was <br />established in the bottom of the shallow rills. Any sediment that came off this small area was trapped in <br />the sediment trap and did not reach PD3. Though a small amount of sediment could be seen in the <br />sediment trap, there was ample volume available in the trap to contain additional sediment. The Division <br />considered that no additional suspended solids were being added streamflow or runoff outside the permit <br />area in accordance with Rule 3.03.1(2)(b). Vegetative cover appeared suitable, and overall vegetative <br />cover in the Pit 1 area from a single year of sampling (2006) exceeded the reference area. The Pit 1 <br />reclaimed area cover in 2006 was 38.13% whereas 90% of the 2006 acreage weighted reference area cover <br />was 28.4%. <br />Summary and Conclusion-Based upon a review of the mine permit, the approved reclamation plan, the <br />bond release application and the site inspection, the Division finds that KCC has successfully <br />demonstrated that the areas at Pit 1 subject to Phase II bond release under this application meet the <br />requirements for a Phase II bond release. <br />Phase III Bond Release for Pit 1 <br />The Operator is requesting a Phase III Bond Release for the Pit 1 area consisting of 48 acres. The operator <br />is requesting the remaining 15% ($130,079.00) of the total estimated costs associated with reclamation of <br />Marr Mine SLA