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<br />land uses for the disturbed area were changed from rangeland, wildlife habit, and cropland to the <br />current industrial, commercial, residential, and recreation. <br />The amount of a Phase II bond release is limited by Section 3.03.1(3)(b) which states "No more than <br />sixty (60) percent of the bond shall be released so long as the lands to which the release would be <br />applicable are contributing suspended solids to streamflow or runoff outside the permit area in <br />excess of premining levels as determined by baseline data or in excess of levels determined on <br />adjacent nonmined areas". <br />Phase III Bond Release <br />Phase III is a final bond release. A Phase III bond release can occur when the following four <br />requirements are met. <br />1. The applicable minimum period of liability must be met in disturbed areas (undisturbed <br />areas within the bond release area are not subject to a liability period.) The approved <br />postmining land uses in the disturbed areas are industrial, commercial, residential, and <br />recreation. The liability period applicable to the disturbed areas is set forth in Section <br />3.02.3(2)(c), which says: <br />For lands with approved industrial or commercial, or residential post-mining <br />land use, the minimum period of liability shall continue until the permittee <br />demonstrates that development of such land use has substantially commenced <br />and is likely to be achieved, and until compliance with the revegetation <br />requirement of 4.15.10(2) or alternative requirements of 4.15.10(3) is <br />demonstrated. <br />4.15.10(3) does not apply to the Carbon Junction Mine because the rule applies only to <br />areas where the pre-mining land use was industrial or commercial; therefore, the <br />following revegetation requirement of 4.15.10(2) applies: <br />".... for areas to be developed for industrial or commercial, or residential use <br />less than 2 years after regrading is completed, or less than 2 years after <br />approval of such use, whichever is later, the ground cover of living plants <br />shall not be less than required to control erosion. Final bond release shall not <br />occur prior to satisfactory cover establishment." <br />As previously discussed under Phase II Bond Release, permit application page 5-36 <br />specifies a technical standard for cover that is applicable to the disturbed area. The <br />technical standard is 36 percent (90 percent of a cover value of 40 percent), with 90 percent <br />statistical confidence <br />2. The permittee must successfully complete all surface coal mining reclamation <br />operations in accordance with the approved reclamation plan [Section 3.03.1(2)(c)]; <br />5