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III. OBSERVATIONS AND FINDINGS <br />During the Phase II and III bond release inspection, participants walked through the entire reclaimed <br />Overland Conveyor corridor to allow for visual assessment of compliance with the pertinent <br />requirements described below. The Division also inspected the area qualitatively for revegetation <br />success, erosional features and "bare areas ", functioning of the reclaimed land to serve the post - <br />mining land use, and completion of all reclamation obligations. The bond release application <br />included an exhibit "Bond Exhibit SL -5" which shows the 2.1 acres nominated for bond release. This <br />figure is included with this Findings document as Attachment 1. Bond release inspection <br />photographs are provided as Attachment 2. <br />The Overland Conveyor area is located adjacent to the Union Pacific Railroad and south of 19/10 <br />Road. The entire bond release area was accessible during the Phase 11 and III bond release inspection <br />conducted on July 10, 2009. Since the approved postmining land use of the release area is industrial <br />/commercial the applicable bond release criteria were evaluated pursuant to the requirements of Rule <br />4.15.10. The primary criteria for this bond release are 1) Establishment of an industrial use of the site <br />and evidence that the industrial use is being implemented, and 2) Adequate revegetation to control <br />erosion. The conveyor corridor is within an area where the pre- mining land use was industrial or <br />commercial and the approved post- mining land use is industrial /commercial. Thus in accordance <br />with 4.15.10(3) the vegetation requirement of 4.15.10(2) may be waived if requested in writing by the <br />landowner, and if the Division determines that revegetation is not necessary to control erosion. <br />Although the premining and postmining land uses were both industrial, the revegetation requirement <br />was not waived. <br />During the bond release inspection it was noted that the entire 2.1 acres had been graded to <br />approximate original contour and no signs of erosion or instability were identified. Revegetation was <br />established and according to Tonya Hammond of SCC topsoil was also redistributed at the site. <br />SCC's reclamation contractor obtained topsoil from Topsoil Stockpile Number 4. Prior to <br />redistribution the top four to six inches of the regraded surface was scarified to relieve compaction <br />and provide for root penetration. Topsoil was redistributed on the conveyor corridor to a depth of six <br />inches. The site was vegetated utilizing the approved seed mixture by hydro seeding or broadcast <br />seeding at a rate of 15.7 pounds of pure live seed per acre. Certified weed free mulch was then <br />applied at the rate of 4,000 pounds per acre. The straw was crimped with a serrated disc or other <br />appropriate equipment. The entire conveyor corridor was successfully revegetated with exception of <br />the Xcel service road crossing and small compacted area with gravel used for vehicle access or <br />turnout area. <br />Revegetation Evaluation for Overland Conveyor area Final Bond Release <br />Establishment of revegetation along the reclaimed conveyor corridor between former Transfer Point <br />#2 and the Coal Canyon Public access road west of the Colorado River was evaluated pursuant to the <br />requirement of Rule 4.15.10(2). Observations verified that ground cover of living plants was <br />adequate to control erosion. See Photograph Numbers 1 -5 at the end of this inspection report, which <br />show adequately revegetated and stable ground conditions. No evidence of rills, gullies, or sheet <br />wash erosion was observed along the reclaimed corridor. Vegetation cover was dominated by an <br />overstory of fourwing saltbush with a lesser component of greasewood, big sagebrush, and rubber <br />Page 6 <br />