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Rule 3.03.1(3)(b) states that "No more than sixty (60) percent of the bond shall be released <br />so long as the lands to which the release would be applicable are contributing suspended <br />solids to streamflow or runoff outside the permit area in excess of premining levels as <br />determined by baseline data or in excess of levels determined on adjacent nonmined <br />areas;..." The Division's Guideline Regarding Selected Coal Mine Bond Release Issues <br />suggests three methods of determining whether total suspended solids (TSS) <br />contributions are less than or equal to premining conditions or adjacent unmined areas. <br />a. By representative sampling through the peak of a pond discharge <br />(permanent or temporary impoundments with discharge available), or <br />pond inflow (where there is no available discharge), or <br />b. If aberrant, polluting conditions exist in the receiving stream, then <br />compare the peak pond inflow to peak levels of suspended solids as <br />measured off like /adjacent land, or <br />C. If sufficient data are available, a comparison using an appropriate <br />predictive model of the suspended solids generated off the pre- mining <br />land or comparable adjacent area, and the reclaimed area during a similar <br />intensity storm event. <br />Observations and Findings <br />Detailed observations from the July 19, 2011 site inspection are documented in the inspection <br />report of the same date. Overall, the site exhibited a diverse stand of vegetation of adequate cover to <br />control erosion. <br />A. Topsoil Redistribution <br />Topsoil was redistributed on regraded spoils within the release request area beginning in <br />2001 and ending in 2007. The required topsoil replacement depth at the Yoast Mine is an <br />average of 1.8 feet (1.0 foot minimum) on regraded mining areas, and 1.1 feet on reclaimed <br />haul roads and facilities areas. Seneca Coal Company submitted results from 172 depth <br />samples taken over 818 acres. The samples were evenly distributed throughout the <br />reclaimed area. The results indicated that an average of 1.78 feet of topsoil had been <br />replaced on the sample area. The Division reviewed the data submitted by SCC. The <br />Division's review excluded sampling data from areas not requested for release and areas not <br />proposed for release approval (slide areas) and verified that the average replacement depth <br />on roadways and facilities areas was 1.5 feet, and mining areas was 1.81 feet. The Division <br />finds that topsoil on the Phase H release areas has been replaced in accordance with the <br />approved permit requirements, and is eligible for Phase H bond release. <br />B. Revegetation Success <br />Seeding occurred on 28 parcels where regrading and topsoil replacement were complete <br />between 2001 and 2007, with some interseeding conducted in 2009. Exhibit B in the Yoast <br />Phase H Bond Release Application shows the chronological order of parcel seeding. Three <br />seed mixes were designed for permanent vegetation which anticipated reclaimed area site <br />conditions and post mining land use. Seed mix 1 is a shrub grassland mix for upland and <br />ephemeral drainage sites and was drilled at a rate of 11.68 lbs /acre. Seed mix 2 is for mesic <br />Yoast Mine C- 1994 -082 Page 5 of 17 Phase II Bond Release SL -3 <br />