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r <br />analysis of hydrologic impacts related to the bond release area. The analysis considered Oakridge's <br />past annual hydrology reports and the Division's inspection observations. <br />The Division's preliminary review of the SL-04 application found the bond release area did not <br />appear to qualify for Phase III release. DRMS staff and Oakridge's consultant discussed the bond <br />release area's eligibility for Phase III release in a meeting held on May 12, 2009 at the Division's <br />Denver office. Oakridge requested on November 12, 2010 that the Division prepare this findings <br />document for only a Phase II bond release (email from Michael Savage to Daniel Hernandez and <br />David Berry). The Division initially prepared a draft of this findings document addressing only the <br />Phase II release and provided Oakridge a copy of the draft for their review on December 8, 2010. <br />After further communications with the representatives of Oakridge, it was concluded that it would be <br />appropriate for this findings document to address the request for Phase III release, as well as the <br />request for Phase II release. This findings document also includes findings regarding Phase I bond <br />release for those parts of the bond release area that have not previously received Phase I release. <br />III. APPROVAL CRITERIA FOR BOND RELEASE <br />Phase I Bond Release <br />Section 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released <br />when the permittee successfully completes backfilling, regrading, and drainage control in accordance <br />with the approved reclamation plan." The approved postmining topography for the bond release <br />area is shown on two maps in the permit application that were approved in TR-11 (north half of <br />permit area) and TR-13 (south half of permit area). These maps were approved based on their <br />compliance with approximate original contours. <br />Phase II Bond Release <br />A Phase II bond release is allowed by those parts of Section 3.03.1(2)(b) which say, "Up to eighty- <br />five percent of the applicable bond amount shall be released upon the establishment of vegetation <br />which supports the approved postmining land use and which meets the approved success standard <br />for cover, pursuant to 4.15.8." Rule 4.15.8(1)(b) states "In the case of previously mined lands or <br />areas to be developed for industrial or residential uses, the requirements of 4.15.10 shall apply." <br />The approved postmining land uses of the bond release area include industrial and residential uses <br />(page 5-38 of the permit application); therefore, the applicable revegetation success criterium is the <br />standard set forth in Section 4.15.10(2): ".... for areas to be developed for industrial or commercial, <br />or residential use less than 2 years after regrading is completed, or less than 2 years after approval of <br />such use, whichever is later, the ground cover of living plants shall not be less than required to <br />control erosion." <br />Permit application page 5-36 specifies a technical standard for cover that is applicable to the bond <br />release area. The technical standard is 90 percent of a cover value of 40 percent, or 36%, with 90 <br />percent statistical confidence. The disturbed area has no revegetation success standards for <br />herbaceous production, species diversity, or woody tree or shrub density. These standards were <br />removed from the permit application in Technical Revision 5 in 1996 when the approved postmining <br />4