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II Bond Release SL -04 application package. The permanent seed mix shown in Table 37 of the <br />PAP was used for all sites. All acreage under consideration for Phase II Bond Release has been <br />approved for Phase I Bond Release. <br />Live vegetative cover was determined by an acreage- weighted distribution of random cover <br />transects. The discontinuous reclaimed areas were divided into nine (9) sample groups by year <br />of reclamation. Additionally, each of the nine groups was ecologically similar. The operator <br />determined that a minimum of 30 vegetation transects would be collected. The 30 transects were <br />allocated proportionally among the sample groups based on a weighted acreage percentage. <br />Each transect was then randomly located on a specific reclamation area using random start <br />locations. The start locations were determined by gridding the sample areas using a 50 -foot by <br />50 -foot grid. Fifty sample points were collected at each location along 25 -meter transects. <br />Sample adequacy was achieved for vegetative cover using the 30 transects. Live vegetative <br />cover equaled 57.53 %, with only 0.47% attributed to noxious species. The noxious species <br />included Canada thistle (0.33 %), hounds tongue (0.07 %), and musk thistle (0.07 %). Subtraction <br />of the noxious species from the total cover value resulted in a non - noxious cover value of <br />57.06 %. The approved cover standard for the reclaimed areas is 53.04% live vegetative cover. <br />West Elk's revegetation is considered successful if they achieve 90% of the required 53.04% <br />cover value at a 90% confidence level. West Elk exceeded the approved standard of 53.04 %. <br />Finally, the Division allows for up to 10% of the relative vegetative cover to consist of annual <br />and biennials. Only 6 annual or biennial species were sampled on the reclaimed areas, <br />accounting for 4.06% relative vegetative cover. This contribution of annual /biennial species is <br />acceptable and no adjustment of the cover data is required. Based on the approved reclamation <br />plan and the vegetation monitoring report included in the SL -04 application, the Division finds <br />that the West Elk Mine has achieved the Phase II reclamation success criteria in accordance with <br />Rule 3.03.1(2)(b). <br />Soil Loss <br />Pursuant to Rule 3.03.1(3)(b), "No more than sixty (60) percent of the bond shall be released so <br />long as the lands to which the release would be applicable are contributing suspended solids to <br />streamflow or runoff outside the permit area in excess of premining levels as determined by <br />baseline data or in excess of levels determined on adjacent nonmined areas..." In their SL -04 <br />application, MCC provided a demonstration of pre- mining and post- mining sediment loss for the <br />Phase II Bond Release areas. The demonstration used the Revised Universal Soil Loss Equation <br />(RUSLE), which is a method for demonstrating pre- mining and post- mining soil loss approved <br />by the Division. <br />The average pre- mining sediment yield from the Phase II reclamation areas was calculated at <br />13.68 tons /acre /year. The post- mining sediment yield for the Phase II reclamation areas was <br />calculated at 3.03 tons /acre /year. The soil loss data confirms what was observed on the bond <br />release inspections. The reclaimed areas had more vegetative cover than the surrounding, <br />Proposed Decision and Findings of Compliance 7 July 2013 <br />Partial Phase II Bond Release SL -04 Page 5 <br />