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methodology of 4.25.5(3)(a); or, on alluvial valley floors, until the essential hydrologic functions and <br />agricultural productivity have been reestablished". <br />Phase III <br />Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be released when the permittee has <br />successfully completed all surface coal mining reclamation operations in accordance with [the] approved <br />reclamation plan, and the final inspection procedures of 3.03.2 have been satisfied. This shall not be before the <br />expiration of the period specified for revegetation responsibility in 3.02.3." <br />Rule 3.03.1(4) states, "No bond shall be fully released until all reclamation requirements of these Rules and the <br />Act are fully met." The same rule also states, "No acreage shall be released from the permit area until all <br />surface coal mining and reclamation operations on that acreage have been completed in accordance with the <br />approved reclamation plan." <br />The approved post-mining land use for the Grassy Gap Mine site is rangeland (permit page IV-17). The <br />Grassy Gap Mine reclamation plan states, "Revegetation success criteria will be limited to herbaceous <br />production, cover, and species diversity. Cover and production will be based upon direct comparison to <br />sagebrush reference area No. 17 during the last two years of the bond liability period". <br />Reclamation success standards as stated in the Grassy Gap Mine permanent program permit (C-1981-039) <br />call for comparison of "the reference areas to the reclaimed for herbaceous cover and production" (permit <br />page IV-15 and page 11.J-1 la). Rule 4.15.7(3)(b) states that," The permittee must demonstrate that the <br />management of the reference area will be under the permittee's control and will remain under the <br />permittee's control throughout the period of extended liability under the performance bond requirements of <br />3.02.3." Rule 4.15.7(3)(f) states, "During any year when vegetation sampling related to a bond release <br />application is conducted by the permittee, the reference area(s) and revegetated area(s) shall receive the <br />same management." Rule 4.15.5(2) states, "In no case shall grazing be allowed to preclude or interfere with <br />post-mining vegetation sampling as required in 4.15.8." <br />Species diversity, as described in the Grassy Gap Mine permanent program permit, would be considered <br />successful if, "cover data demonstrate the presence of least four perennial grasses and one perennial forb with <br />relative importance of at least 2 percent, with all these species combined not exceeding 70 percent relative <br />importance nor any one species exceeding 40 percent relative importance." <br />No woody stem density requirement was established for the Grassy Gap Mine. The permit contains two <br />letters from the prior private surface landowner (Bogle Farms) dated June 15, 1979 and March 24, 1981, stating <br />it did not want shrub or tree species replanted as these species would interfere with the post-mining land use of <br />livestock grazing. <br />With regard to Phase III hydrologic reclamation standards, Rule 3.03.2(2) states in part, "[the Division's] <br />evaluation shall consider, among other things, the results of inspections and monitoring conducted pursuant <br />to 4.05.13 and 5.02, the degree of difficulty to complete any remaining reclamation, and whether pollution <br />of surface or subsurface water is occurring, the probability of future occurrence of such pollution, and the <br />estimated cost of abating such pollution." <br />Grassy Gap TOJ 6/5/2009 7