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The operator provided this evaluation and the Division found the Pit 4 haul road to be stable. A Phase I <br />bond release for the Pit 4 haul road was included in the Division's December 22, 1992 SL1 partial approval. <br />Pond 4 and Pond 5 are approved to remain as permanent ponds. These ponds support the post-mining land <br />use of rangeland. A permanent rip-rapped channel has been established from the northern portion of <br />reclaimed Pit 5. This rip-rapped drainage directs flows from a natural spring to Pond 5. Pond 1, Pond 2 and <br />Pond 3 were previously reclaimed. Reclamation of these three ponds and retention of Pond 4 and Pond 5 <br />were in accordance with the June 26, 1990 Settlement Agreement, as documented in the Division's Findings <br />Document dated April 27, 1993. <br />Other than permanent roads and culverts, permanent ponds, and a permanent rip-rapped drainage, all mine- <br />related structures have been removed and their associated disturbed areas reclaimed. Signs erected by the <br />Division identifying the site as a reclamation project have been removed. <br />The Division thus finds that the Grassy Gap Mine has been reclaimed in accordance with its applicable <br />Phase I bond release requirements. <br />Phase HIPhase III Observations and Conclusions <br />Current Land Use Management <br />Land ownership at the Grassy Gap Mine is private and State, and land management is conducted by Cross <br />Mountain Ranch and the Colorado State Land Board. The site is heavily grazed annually by cattle and <br />sheep, and used for big game hunting in the autumn. The Division has had little control over the <br />management of the property following permit revocation and bond forfeiture. <br />Topsoil <br />The approved reclamation plan calls for 24 inches of topsoil to be replaced on the reclaimed mined areas. <br />Replaced topsoil was verified in conjunction with SL-01 as averaging 21 inches of replacement depth. This <br />replacement depth was found to be acceptable during the approvals of SL-01. <br />Vegetative Cover <br />Pre-mining data collected in August 1980 from Reference Area 17 ("reference area") documents <br />herbaceous cover as 46.1 % and herbaceous production as 98.7 g/M2 (880 lb/acre). Baseline data <br />collected on the reference area recorded 30 vegetative species. Woody species were not recorded. <br />Twelve vegetative species were graminids, with a relative cover of 82.7%. Eighteen species were <br />forbs, with a relative cover of 17.3%. <br />The Grassy Gap Mine was sampled by the Division during July 2005 and June 2006 for vegetative <br />cover, herbaceous productivity, and species diversity. The Division notified Cross Mountain Ranch <br />(the private landowner at the time) about the Division's planned 2005 and 2006 sampling schedule, <br />and requested that the Division be permitted to sample the vegetation on the reclaimed areas prior to <br />the area being grazed for the season. Cross Mountain Ranch nevertheless grazed the reclaimed mine <br />areas prior to the Division's sampling efforts in 2005 and 2006, in spite of the Division's <br />coordination attempts. Prior to the sampling effort in July 2005, the reclaimed mine pits had been <br />Grassy Gap TOJ 6/5/2009 9