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Mr. Guire's letter stated that the various landowners had not received the letters referenced <br />in the application he reviewed online. The Division contacted the applicant, and informed <br />them of the concern. Letters were subsequently issued to the landowners, and the Division <br />received certified return receipts from the applicant on June 28, 2012. <br />Other comments and objections directly pertaining to the SL -13 bond release application fell <br />into two general categories: 1) concern regarding the postmining topography on the Phase I <br />release areas (perceived to be higher in elevation than what existed premining), and 2) <br />concern about differential settlement that continues to occur on a portion of the <br />reconstructed county road (BB Road). <br />In the Division's review of the post- mining topography, it was determined that the <br />reclamation west of 2700 Road conforms to the definition of Approximate Original <br />Contour, and that the resulting land surface has been reclaimed to conditions that are <br />capable of supporting the premining land uses or higher or better land uses. This is <br />discussed further in Section III of this document. In addition, the Office of Surface Mining <br />conducted a technical evaluation (received by the Division on August 1, 2011) of the post - <br />mining topography approved for the New Horizon Mine. OSM "confirmed that the plans <br />within the permit for re- establishing the approximate original contour (AOC) landscape that <br />existed prior to mining are in place and have been designed in accordance with the state <br />program regulations." <br />With respect to settlement occurring on the county roads, Montrose County accepted the <br />reconstructed roads on January 10, 2011, and a warranty period with the County <br />commenced on that date. The County will monitor the settlement areas, and propose a one <br />year extension of WFC's warranty period for every year that any measurable settlement is <br />observed. This issue is discussed further in Section III of this document. <br />The Division scheduled and conducted a bond release inspection on August 14, 2012. The <br />site inspection was conducted in accordance with Rule 3.03.2(2). Surface ownership of the <br />Phase I areas is by Carl and Teresa Benson and Western Fuels- Colorado, LLC. Montrose <br />County has jurisdiction over the roadways and right -of -way included in the Phase III <br />portion of the application. The Division notified WFC, the Bensons, Montrose County, <br />and the Office of Surface Mining of the date and time of the inspection. Mr. Benson <br />participated in the Phase I portion of the inspection; Montrose County did not attend. <br />The Division's report, documenting the discussions and observations that occurred during <br />the inspection, was issued on September 6, 2012. <br />A preliminary adequacy review (PAR) was issued by the Division on October 17, 2012. <br />Adequacy issues identified included inaccuracies in the dates reclamation was <br />accomplished and wording that was inconsistent with Montrose County's warranty <br />conditions. The Division also identified the need for additional cross sections to be <br />provided for the Phase I bond release area. The applicant submitted a response package <br />on October 24, 2012. All adequacy items were resolved to the satisfaction of the <br />Division. <br />5 <br />