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Because of this site's industrial/commercial post mining land use, the requirements of Rule <br />4.15.10 apply. Rule 4.15.10(2) requires the ground cover of living plants to be sufficient to <br />control erosion for areas to be developed for industrial use less than 2 years after regrading has <br />been completed prior to releasing final bond. However, Rule 4.15.10(3) allows the vegetation <br />requirement to be waived for mine support facilities located within areas where the pre - mining <br />and approved post- mining land use is industrial if requested in writing by the landowner, and if <br />the Division determines that revegetation is not necessary to control erosion. By letter dated <br />June 22, 2010, Halliburton Energy Services, Inc., which holds the surface rights to the UTL and <br />Conveyor corridor areas, requested that the vegetation requirements of Rule 4.15.10(2) be <br />waived due to ongoing construction projects. Halliburton also noted that future vegetation and <br />weed management will be regulated by Mesa County under a current Conditional Use Permit. <br />The revegetation success criteria of 4.15.10 would only apply to non - active use areas where it <br />would be appropriate to reestablish vegetation if necessary to control erosion. Because of the <br />small size, flat topography, and no signs of erosion or instability at the non - active use areas, the <br />Division determined that revegetation was not necessary to control erosion in accordance with <br />the standard set forth in Rule 4.15.10(3) in these few isolated areas. However, prior to the bond <br />release inspection, SCC, the Division and Halliburton all agreed that it would be prudent to go <br />ahead and reestablish vegetation at the non - active use areas. The non - active use areas including <br />UTL Ponds 1 and 2, the approximate 1 /2 acre area impacted by coal fines outside the rail loop, <br />and Topsoil Stockpile 4 footprint were all regraded, seeded, and mulched. <br />Topsoil was redistributed only at reclaimed UTL Ponds 1 and 2. The other two non - active use locations <br />did not have topsoil stripped and therefore topsoil redistribution was unnecessary. The non - active use <br />areas have been reseeded and mulched and there is virtually no runoff from these small reclaimed <br />areas. The reclaimed non - active use areas will not contribute additional suspended solids above <br />natural conditions to runoff or streamflow outside the permit area. <br />Rule 4.05.2 states that sedimentation ponds and other treatment facilities for surface drainage <br />from the disturbed area shall be maintained until removal is authorized by the Division and the <br />disturbed area has been revegetated and stabilized, the untreated drainage from the disturbed area <br />ceases to contribute additional suspended solids above natural conditions, and the quality of <br />untreated drainage from the disturbed area meets the State and Federal water quality standard <br />requirements applicable after the sedimentation ponds and treatment facilities are removed, if <br />any, for receiving streams. <br />The two sediment ponds (Ponds 1 & 2) removed were located within the rail loop. The <br />essentially flat area within the rail loop causes precipitation to infiltrate rather than run -off. <br />There has never been a discharge of water from either of the sediment ponds. There were very <br />seldom puddles or pools of water in either of the sediment ponds. <br />The disturbed area will not contribute additional suspended solids above natural conditions, and <br />the quality of untreated drainage from the disturbed area will meet the State and Federal water <br />quality standard requirements applicable after the sedimentation ponds and treatment facilities <br />are removed because there is virtually no run -off from the disturbed area. Additionally, any <br />potential for run -off from the disturbed area is contained within the rail loop so it will not <br />contribute suspended solids above natural conditions. Since the post mining land use is industrial <br />Page 8 <br />