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For the reclaimed parcels located at the mine site, an approved Alkali Sagebrush reference area located <br />north of the permit area was used. The reclaimed area at the loadout (not including the reclaimed pond) <br />was compared to the loadout reference area located south of the loadout. The reclaimed pond at the <br />loadout needed to meet the requirements of Rule 3.03.1(5), as described elsewhere in this findings <br />document, and was therefore not compared to the loadout reference area. <br />The reference areas, two parcels at the mine area, and the loadout (not including the former pond area) <br />were sampled for vegetation success parameters in 2009 and 2010 using approved methods. <br />III. OBSERVATIONS AND FINDINGS <br />PHASE I <br />The SL -05 application does not include a Phase I component. The entire disturbed area (both mine site <br />and loadout) were previously Phase I released. <br />PHASE II <br />The Phase 11 portion of this application applies only to the reclaimed pond at the loadout. As noted <br />above, the PAP does not identify a particular topsoil depth that is required for the loadout; however, <br />topsoil was spread over the former pond area after it was backfilled and graded. A contractor, working <br />on behalf of Kerr Coal Company, performed this work in November of 2011. The approximate depth of <br />the topsoil was determined by the Division during a November 2011 inspection. Using a shovel, the <br />depth was found to be nine inches or greater at three locations across the reclaimed area. The Division's <br />vegetation expert affiliated with this findings document has judged that this depth is adequate. <br />As noted above, Rule 3.03.1(5) states that vegetative cover on a reclaimed sediment pond must be <br />adequate to control erosion. This rule does not state that a detailed sediment demonstration (using <br />SEDCAD, for example) is necessary for reclaimed sediment control facilities. Per the Division's <br />hydrology expert affiliated with this review, the vegetative cover is adequate to control erosion since the <br />area is very flat and the vegetation is emerging well. <br />Summary and Conclusions <br />Based upon a review of the mine permit, the applicant's bond release application, and site inspections, <br />the Division finds that Kerr Coal Company has replaced topsoil at the reclaimed loadout pond in <br />accordance with the approved reclamation plan. Kerr Coal Company has established vegetation at the <br />reclaimed loadout pond that supports the approved post mine land use and meets the requirements of <br />Rule 3.03.1(5) for vegetative cover. The Division finds that the reclaimed loadout pond is not <br />contributing suspended solids to streamflow or runoff outside the permit area in excess of premining <br />levels or in excess of adjacent non -mined areas. <br />5 <br />