Laserfiche WebLink
revegetation of the slopes discussed above which are currently <br /> dominated by annual vegetation. The approved seedmix seeded in <br /> 1991 included 5 perennial grasses , 2 saltbush species, winterfat, <br /> and bitterbrush. The seeded species have not established on the <br /> subject slopes., Project specifications have not yet been <br /> developed, but I would assume they would include provisions for <br /> seedbed preparation, seeding with a seedmix containing adapted <br /> perennial grasses and shrubs, and mulching. Surface manipulation <br /> such as furrows or small benches for water retention and to provide <br /> microsites more suitable for germination and establishment might <br /> also be included. Fall or early spring treatment of cheatgrass <br /> with Roundup herbicide prior to perennial germination may also be <br /> included to minimize competition for the seeded vegetation during <br /> the initial growing season. Seeding directly onto the steep slopes <br /> with no seedbed preparation or mulch application would have little <br /> likelihood of success. <br /> The revegetation success standard set forth in the reclamation plan <br /> and apparently accepted by the Division requires 25% aerial cover. <br /> The percentage of the cover to be provided by perennial vegetation <br /> is not specified, but to provide for long term stabilization of the <br /> slopes and meet reclamation plan objectives, adapted perennial <br /> species should comprise a . significant component of the stand, <br /> comparable in extent of cover to adjacent slopes of similar <br /> gradient and exposure. <br /> As you are aware, for situations involving permitted sites where <br /> the bond has not been forfeited, there is a specific process for <br /> phased bond release set forth in the regulations. Phase 1 release <br /> can occur upon successful completion of backfilling and grading, <br /> and up to 60% of the applicable bond amount can be released. <br /> Indeed, this did occur with respect to the Fruita Mine, in May, <br /> 1991 , when the bond amount was reduced from $91 ,000 .00 to <br /> $36,000 .00 . Phase II release can occur when vegetation supporting <br /> the approved postmining land use has been established. The amount <br /> released at Phase II can be up to 85% of the original amount, thus <br /> the bond amount for Fruita could-_be reduced to $22 , 350 .00 in the - <br /> event of a Phase II bond release. The remaining bond amount could <br /> be released when all requirements are met, and the 10 year <br /> liability period has ended. <br /> The pha-sed bond release process outlined above does not apply <br /> directly to the Fruita situation, however, because the $36 ,000.00 <br /> bond was forfeited by the Division in March, 1994 . The regulation <br /> pertinent to the current situation is Rule 3 .04 . 2(4) , which states <br /> that proceeds from a forfeited bond "shall be used by the Division <br /> for reclamation of the area covered by the bond. " The rule further <br /> states that forfeited amounts in excess of costs required to <br /> complete the applicable approved reclamation plan "shall be <br /> refunded to the permittee or to the surety, whichever is <br /> appropriate. " <br /> In answer to your question regarding when American Shield can get <br /> some bond monies back, and when all remaining bond funds could be <br />