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3.02.3." Rule 3.03.1(4) states, " No bond shall be fully released until all <br />reclamation requirements of these Rules and the Act are fully met..." The <br />same rule goes on to state, " No acreage shall be released from the permit area <br />until all surface coal mining and reclamation operations on that acreage have <br />been completed in accordance with the approved reclamation plan." The <br />originally approved post mining land use for the site is wildlife habitat. A <br />Phase III bond release can occur: <br />• When the minimum period of liability of 10 years is met. [Section 3.02.3(2)(b)]; <br />• When the permittee has successfully completed all surface coal mining <br />reclamation operations in accordance with the approved reclamation plan <br />[Section 3.03.1(2)(c)]; <br />• When all reclamation requirements of the Rules and the Act are fully met <br />[Section 3.03.1(4)]; and <br />• When the final inspection and evaluation procedures of Section 3.03.2 have been <br />satisfied [Section 3.03.1(2)(c)]. <br />IV. OBSERVATIONS AND FINDINGS <br />Previous Bond Releases <br />Since all of the reclamation at the site was completed by the Division, there have been <br />no previous bond release applications at the Hawk's Nest East and West Mines. <br />Public Notice and Public Comment <br />The Division published notice of the bond release and termination ofjurisdiction in the <br />Delta County Independent once weekly for four consecutive weeks. The public <br />notice ran on August 7, 14, 21 and 28, 2013 as documented by an affidavit of <br />publication, received by the Division on September 3, 2013. Landowners of record <br />within the mine's permit area and adjacent to the mine permit area and Federal, State <br />and local government agencies were also notified by certified mail, on August 2, <br />2013, of the Division's intent to terminate jurisdiction, as required by Section <br />3.03.2(1). All of the parties notified of the initiation of the Bond Release process <br />were also notified of the termination of jurisdiction inspection and invited to attend via <br />certified mail on September 23, 2013. The inspection was held at 9:00 am on October <br />24, 2013. Howard Strand, representing the Office of Surface Mining and Jason <br />Timbreza, an adjacent landowner to the permit boundary, attended the inspection. <br />Mr. Timbreza provided the Division with a comment letter at the inspection. He had <br />concerns about what he believed to be a lack of topsoil at the site and possible erosion <br />from the site, causing large amounts of sediment to flow onto old Colorado Highway <br />133 and his property. The Division noted that all available topsoil resources were <br />spread on the site during reclamation. The Division also investigated the source of <br />the sediment and determined that it was coming from a native drainage just west of <br />the West Mine disturbance area. There was no evidence of any erosion coming from <br />4 <br />Hawk's Nest East and West Mines Termination of Jurisdiction (SL -01) <br />C- 1981 -016 February 24, 2015 <br />