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Phase III Bond Release <br />Phase III is a final bond release. The entire permit area is being considered for Phase III release. A <br />Phase III bond release can occur: <br />1. When the minimum period of liability of 10 years is met. [Section 3.02.3(2)(b)]; <br />2. When the permittee has successfully completed all surface coal mining reclamation <br />operations in accordance with the approved reclamation plan [Section 3.03.1(2)(c)]; <br />3. When all reclamation requirements of the Rules and the Act are fully met [Section <br />3.03.1(4)]; and <br />4. When the final inspection and evaluation procedures of Section 3.03.2 have been <br />satisfied [Section 3.03.1(2)(c)]. <br />IV. OBSERVATIONS AND FINDINGS <br />Backji'lling and Regrading <br />As previously explained, the Division's Inactive Mines Program backfilled as much of the <br />exposed highwall from the old pit as money would allow. The Division previously approved a <br />variance from meeting approximate original contour for reclaimed areas, based on <br />demonstrations of compliance with Rules 2.06.4 and 2.06.5 (page 13 of findings document dated <br />September 3, 1985). Backfilling was conducted to allow natural drainage from the existing gulch <br />to pass through "French" drains at the foot of the gulch. Exposed coal seams were backfilled. <br />Two sediment control ponds, a ditch, and a waste rock pile remain on the site. During the bond <br />release inspection, it was observed that with the exception of the two impoundments, positive <br />drainage appeared to exist throughout the site. <br />Completion of Minimum Liability Period <br />The site was seeded 16 years ago in 1994; therefore, the 10-year liability period has expired. <br />Revegetation Success <br />The site has been backfilled, topsoiled, regraded, and seeded. Division staff sampled the <br />revegetation on this permit revocation/bond forfeiture site in July 2008 and July 2009. Sampling <br />utilized a plan developed in accordance with Sections 2.04. 10 and 4.15. The plan was designed to <br />ensure randomness of samples and a statistically adequate number of samples. Adequacy of sample <br />size for the 90% confidence level was determined from the formula recommended on page 20 of the <br />Division's 1995 bond release guideline document. Cover data and species data were collected along <br />25-meter point-intercept transects. Data were collected along seventeen transects in 2008 and along <br />eighteen transects in 2009. <br />Average vegetative cover was 28.2% in 2008 and 38.3% in 2009. Relative cover (the percentage of <br />5