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Thus, the live vegetative cover measured on the 1998/1999/2000 BRB (44.07 %) exceeds the <br />calculated cover standard (35.7 %) and is considered successful for the 2009 sample year. In <br />addition, this BRB was sampled to statistical adequacy. <br />CEC also submitted data from a second BRB (BRB 2002/2003) representing a logical <br />management unit (LMU) composed of reclamation parcel 23 and reclamation parcel 29. Parcel <br />23 was seeded in 2002, and parcel 29 was seeded in 2003. The same seed mix was used on both <br />parcels, and both parcels are located in close proximity to one another. The Division accepts <br />combining the data from these two parcels as an LMU. Removal of cover attributed to noxious <br />species (Cheatgrass) and removal of annual and biennial vegetative cover in excess of 10% results <br />in 46% LVC for parcel 23 and parcel 29 data, which is greater than the cover standard of 35.69% <br />LVC, and BRB 2002/2003 meets the reclamation success standard for cover. In addition, BRB <br />2002/2003 (parcel 23 and parcel 29) was sampled to statistical adequacy. <br />Water Quality Impacts <br />The operator submits a surface and groundwater report to the Division annually. The Division's <br />review of the annual hydrology reports concludes that the areas under consideration for bond release <br />are not contributing suspended solids to streamflow or runoff outside the permit area in excess of <br />pre - mining conditions. Sediment pond No. 2 and the dugout pond at the Keenesburg Strip Mine <br />have not discharged in many years. Both sediment pond No. 2 and the dugout pond were <br />previously approved to remain as permanent structures (TR32 and TR28). The Division determined <br />during previous Phase II bond release reviews that runoff from the bond release areas were not <br />contributing additional suspended solids outside of the permit area. <br />The Division finds that there have been no adverse effects to groundwater down gradient of the <br />permit area. The Division concluded the Keenesburg Mine does not have the potential to <br />negatively impact ground water and has not required establishment of a groundwater point of <br />compliance (Memo to 2004 AHR file, dated July 6, 2005). If coal spoil leachate or ash leachate <br />migrated from the pit through eolian sand, Ennis alluvium or the Laramie sandstone, coal <br />attenuation and dispersion would result in levels of total dissolved solids (TDS) and sodium <br />adsorption ratio (SAR) in ground water that would be near pre- mining conditions within a few <br />hundred feet of the Keenesburg Mine pits. Monitoring of groundwater quality in the down - <br />gradient wells from the reclaimed pits found the 2008 TDS values were well below the pre - <br />mining levels. The Probable Hydrologic Consequences section of the permit application predicts <br />no appreciable impacts to the hydrologic balance. Monitoring data in the hydrology reports <br />confirm this prediction. No impacts to groundwater have been found in down gradient <br />groundwater monitoring wells. <br />Based upon this information as well as the Sedimentology Demonstration submitted with SL5, <br />the Division finds that with regard to bond release application SL5, pollution of surface water <br />and subsurface water is not occurring and the probability of such pollution occurring is low. <br />C1981 -028, SL -05 6 9/10/2010 <br />