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4. Rule 3.03.1(2)(b) Vegetative Cover <br />Rule 3.03.1(2)(b) states in part that vegetation must meet the approved success standard for cover, <br />pursuant to (Rule) 4.15.8 <br />The Applicant is in compliance with this rule. A 6.24 acre area located west of the Northern # 1 <br />access road had failed to achieve the cover standard during the 1992 Phase II Release. Review of the <br />1995 data finds seven (7) cover transects were collected west of the access road. The resulting <br />vegetative cover value in this locale was 67.15 % total perennial vegetative cover. This value exceeded <br />the perennial vegetative cover on the reference area of 63.86%. This 6.24 acre parcel exceeds the <br />cover standard requirement for Phase II bond release. Only 0.3 % vegetative cover could be attributed <br />to biennial species (Rumex crispus) and no noxious weeds were encountered in the sample transects <br />on this parcel. The vegetation was composed of a total of sixteen species, eight (8) of which were <br />perennial species present at greater than 3 % total cover. Noxious weeds were minimal with only 0.5 % <br />total cover attributed to Canada thistle (Cirsium arvense). <br />5. Rule 3.03.1(2)(b) Prime Farmlands, Alluvial Valley Floors, Croplands <br />Rule 3.03.1(2)(b) states in part that vegetation must meet applicable productivity standards for prime <br />farmlands or alluvial valley floors pursuant to 3.03.1(3)(b). <br />The Applicant is in compliance with this rule. See paragraph 3.03.1(3)(b) Productivity and Hydrologic <br />Functions (below). <br />6. Rule 3.03.1(3)(b) Suspended Solids <br />Rule 3.03.1(3)(b) states states in part that "No more than sixty (60) percent of the bond shall be <br />released so long as the lands to which the release would be applicable are contributing suspended solids <br />to streamflow or runoff outside the permit area in excess of premising levels as determined by baseline <br />data or in excess of levels determined on adjacent nonmined areas". <br />The Applicant is in compliance with this rule. The original application did not provide information <br />in support of this rule. However, in response to an adequacy concern expressed by the Division, the <br />Applicant submitted a supplemental study (Greg Lewicki and Associates letter, November 11, 1997, <br />Re: Demonstration for Phase II Bond Release on N#1 Area Withheld) (on file with the Application) <br />that demonstrates compliance with the requirement. In summary, all parameters evaluated in an <br />erosion model (the Universal Soil Loss Equation) except a factor dependent upon vegetation and mulch <br />are equal for premining and postmining (reclaimed) areas. Within the model, the lower this factor <br />("C"), the less soil loss (contribution of suspended solids). The "C" factor for postmining (reclaimed <br />area for which Phase II release is requested) is reported as 0.071, less than the premining factor of 0.3. <br />18 20 January 1998