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inspection report that was issued 17 September 2010. See Figure 1 for the location of the SL-05 <br />Phase III Bond Release area. <br /> <br />III. CRITERIA FOR BOND RELEASE <br /> <br />Phase III Bond Release <br /> <br />The Division evaluated Colowyo’s request for Phase III Bond Release on 987.32 acres in the SL-05 <br />application, as shown on Figure 1 of this document. Under Colorado’s Permanent Program, the <br />process of releasing the reclamation bond for a mine site is explained in Rule 3.03 and further <br />described in the Division’s 1995 Guideline Regarding Selected Coal Mining Bond Release Issues. <br />The bond release process involves three phases. At Phase III, Rule 3.03.1(2) (c) states, "The <br />remaining portion of the bond amount shall be released when the permittee has successfully <br />completed all surface coal mining reclamation operations in accordance with the approved <br />reclamation plan, and the final inspection and procedures of 3.03.2 have been satisfied. This shall <br /> <br />not be before the expiration of the period specified for revegetation responsibility in 3.02.3." <br /> <br />Evaluation and inspection of the reclaimed areas was based on the specific requirements of the <br />reclamation plan and the functional requirements of the post-mining land use. Criteria for bond <br />release included the following. <br /> <br /> <br />1.The reclaimed logical management unit (LMU) met the vegetative cover standard for two <br />out of the four years of sample data. (Rule 4.15.8(3)(a)) <br /> <br />2.The reclaimed LMU met the herbaceous productivity standard for two out of the four years <br />of sample data. (Rule 4.15.8(4)) <br /> <br />3.The reclaimed LMU met the approved species diversity standard for two out of the four <br />years of sample data. (Rule 4.15.8(5)) <br /> <br />4.On area reclaimed prior to 2008, woody stem density shall be 150 stems per acre on 3% of <br />the reclaimed area (Permit section 4.15.8 and Rule 4.15.8(7)). <br /> <br />5.The reclamation supports the approved post-mining land use (Rule 4.16.1). <br /> <br />6.Sample adequacy and revegetation success for cover and productivity shall be made <br />with one of the following statistically valid approaches in Rule 4.15.11(2) (a), (b), or (c). <br />Demonstrations of sample adequacy and revegetation success for woody plant density <br />shall be made with one of the following statistically valid approaches in (a), (b), or (c), or <br />with one of the alternative approaches specified 4.15.11(3).” <br /> <br />7.All areas requested for Phase III bond release meet the requirements for Phase I and II <br />bond release or have previously received Phase I and Phase II bond release approval. <br /> <br />Colowyo’s approved reclamation plan was prepared in accordance with Rule 2.05.4. Colowyo was <br />granted a variance for contemporaneous reclamation for the East Pit and West Pit due to the <br />nature of multi-seam mining. Backfilling and rough grading commenced once a steady-state <br />condition was reached in each of the pits. <br /> <br />Proposed Decision and Findings of Compliance 25 July 2012 <br />Partial Phase III Bond Release Sl-05 Page 4 <br /> <br />