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permanent sediment trap configuration. <br />Based on the foregoing observations, the Division finds that the 13.3 acres of the bond <br />release application meet the requirements for Phase I bond release. <br />Phase II Bond Release <br />Approximately 4.4 acres of the bond release application are, by exception, in compliance <br />with the Phase II bond release criteria. No topsoil is required to be placed over the <br />permanent gravel pad and access road. No vegetative cover is required to be established on <br />the permanent gravel pad and access road. Areas within the right of way of the Old Tipple <br />Access Road that are road embankments, and the cut and fill slopes of the gravel pad, have <br />been vegetated for stabilization. Ground cover of living plants on the approximate 8.9 acres <br />of the vegetated portion of the area was found to be sufficient to control erosion. No <br />erosional features were observed during the bond release inspections of July 20th and August <br />24th, 2009. <br />Adequate revegetation was indicated by the 1999, 2000, and 2001 vegetation cover data <br />submitted by the operator and referred to in the TR-41 submittal (2006) to remove the Tipple <br />Ponds in accordance with Section 4.05.2(2). Based on the Tipple Pond removal <br />demonstration in the TR-41 submittal, the requirements of Section 4.05.6(7) have been met <br />and stabilization has been indicated by the operator's annual erosion reports. The Division <br />has verified in the field the revegetation and stabilization during regular monthly inspections. <br />It was determined that the lands to which the bond release would be applicable are not <br />contributing suspended solids to streamflow or runoff outside the permit area in excess of <br />pre-mining levels or in excess'of levels determined on adjacent non-mined areas, and <br />sediment ponds within the bond release application were determined to be no longer required <br />on August 20, 2003 (TR-41). No contribution to suspended solids or runoff outside the <br />permit area was noted at the time of the July 20th and August 24th, 2009, bond release <br />inspections. <br />The Division finds that the 13.3 acres in the bond release area meets the requirements for <br />Phase II bond release. <br />Phase III Bond Release <br />The previous discussion of Phase I and Phase II bond release indicates the gravel cover of the <br />permanent pad and permanent access road provides adequate erosion control, and the <br />vegetative cover of living plants on roadway embankments and the area of the former Tipple <br />Ponds provides satisfactory cover establishment. <br />The Division's bond release inspection of July 20, 2009 was conducted in accordance with <br />Section 3.03.2(2). The inspection focused on completion of reclamation work, success of the <br />work, erosional and slope stability of the reclaimed lands, and implementation of the <br />postmining land use of agricultural, hunting sub-classification. This evaluation considered, <br />Edna Mine Page 8 December 11, 2009 <br />Phase I, II, and III Bond Release