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stabilized by backfilling, grading, drainage re-establishment, and development of vegetative cover. <br />Based on the reclamation success, the Division finds that the SL-04 bond release area is capable of <br />supporting the approved postmining land uses. <br />Phase III Bond Release <br />Completion of the Minimum Liability Period <br />The disturbed area is subject to the minimum liability period of Section 3.02.3(2)(c), which says: <br />For lands with approved industrial or commercial, or residential post-mining land <br />use, the minimum period of liability shall continue until the permittee demonstrates <br />that development of such land use has substantially commenced and is likely to be <br />achieved, and until compliance with the revegetation requirement of 4.15.10(2) or <br />alternative requirements of 4.15.10(3) is demonstrated. <br />Section 3.02.3(2)(c) does not specify what actions a mine operator can take for demonstrating that <br />"development" of the approved postmining land uses has "substantially" commenced. Section <br />3.02.3(2)(c) also does not specify what actions a mine operator can take for demonstrating that <br />development of the approved postmining land uses is likely to be achieved. Commonly used <br />definitions of words can be used for guidance in interpreting the use of the words. One definition of <br />the word "development" is "the act of developing" (American Heritage Dictionary, 1979). That <br />dictionary includes the following definitions for "developing": <br />1. To bring into being, make active, generate; <br />2. To convert (a tract of land) to a specific purpose, as by building extensively. <br />Definitions of "substantial" in the previously referenced dictionary include: <br />1. Of, pertaining to or having substance, material; <br />2. Not imaginary, true; real; <br />3. Solidly built, strong; and <br />4. Ample, sustaining. <br />Guided by the foregoing definitions, the Division interprets the wording in 3.02.3(2)(c) <br />"development of such land use has substantially commenced" to refer to the commencement of: an <br />ample, sustaining effort to convert a tract of land to a specific purpose. <br />The reclamation plan in the mining permit application does not specify how Oakridge will <br />demonstrate that development of the approved postmining land uses have substantially commenced <br />and are likely to be achieved. As a demonstration, Oakridge cites six actions they have taken that <br />they believe demonstrate the development of the approved post-mining land uses have substantially <br />commenced and are likely to be achieved. The six actions are cited in various submittals to the <br />Division, including a letter dated November 12, 2010 from Frank Erisman of Holme Roberts & <br />Owen LLP, Oakridge's legal counsel, to David Berry of the Division. The six actions are described <br />9