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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 />The Division's Inactive Mines Program backfilled the Site's portal face-up area, replaced growth <br />medium, and seeded the area in 1989 and 1990. In 2000, the Division utilized state severance tax <br />money to have a private contractor re-grade the access road and install a post-and-cable guardrail <br />next to the road in the portal face-up area. The topography of the backfilled portal area blends <br />well with surrounding topography. The Site has positive drainage. <br />Completion of Minimum Liability Period <br />The Site was seeded in 1989 and 1990; therefore, the 10-year liability period has expired. <br />Revegetation Success <br />The Site has been backfilled, topsoiled, regraded, and seeded. Of the approximate five acres of <br />disturbed area, less than half of the area was revegetated because most of the disturbed area is <br />occupied by a public road right-of-way, the road's rocky embankment, and a coal waste rock dump. <br />Revegetation success on the revegetated land is based on the Division's visual comparison with <br />surrounding undisturbed lands. <br />A mix of grasses and forbs has developed in the revegetated portal area over the last several years. <br />The amount of live vegetative cover in the portal area has been visually estimated to be a minimum <br />of 30%. Rock and vegetative litter are estimated to provide an additional 20% of cover. The <br />following vegetation has been observed during DRMS inspections: Rubber rabbitbrush, four-wing <br />saltbush, yellow sweet clover, western wheatgrass, green needlegrass, rye grass, penstemon, sainfoin, <br />two species of mustard, pennycress, Canada thistle and Musk thistle. The revegetated area blends <br />well with vegetation on surrounding disturbed lands which is dominated by Gambel's oak. <br />It was evident during the bond release inspection and during regular quarterly inspections conducted <br />before and after the bond release inspection that the grasses, forbs, and shrubs in the revegetated area <br />comprise a self-sustaining mix of vegetation that promotes long-term erosional stability. The <br />vegetative cover appears to be hindering rill and gully formation in the backfilled portal area. <br />Weedy species do not appear to be significantly hindering development of desirable species. <br />Although revegetation success criteria were not approved prior to bond forfeiture, revegetation <br />5