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bond release application in the Fort Lupton Press once weekly for four consecutive weeks beginning <br />November 4, 2015. CEC also notified land owners within and adjacent to the mine permit area and other <br />interested parties of the application for bond release as required by Rule 3.03.2(1). The proof of <br />publication was submitted to the Division on December 1, 2016. <br />No comments, written objections, or requests for an informal conference regarding the bond release <br />application were received by the Division. <br />The Division scheduled and conducted a bond release inspection on December 10, 2015. The site <br />inspection was conducted in accordance with Rule 3.03.2(2). Present at the inspection were Danny Kipp <br />and Ben Moline with Coors Energy Company, Robin Bay with Habitat Management, Inc., Troy Florian <br />with Colorado Parks and Wildlife, and Tabetha Lynch and Dan Hernandez with the Division of <br />Reclamation Mining and Safety. The Division notified the Office of Surface Mining (OSM) and other <br />land owners (Waste Management of CO and WJW Properties LLC) of the inspection via certified mail on <br />December 3, 2015. <br />II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />PHASE I and PHASE II <br />Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released when the <br />permittee successfully completes backfilling, regrading, and drainage control in accordance with the <br />approved reclamation plan." <br />Rule 3.03.1(2)(b) states, "Up to eighty-five percent of the applicable bond amount shall be released upon <br />the establishment of vegetation which supports the approved post -mining land use and which meets the <br />approved success standard for cover... based on statistically valid data collected during a single year of the <br />liability period". In regard to Phase II bond release, Rule 3.03.2(3)(b) also states, " No more than sixty <br />(60) percent of the bond shall be released so long as the lands to which the release would be applicable are <br />contributing suspended solids to streamflow or runoff outside the permit area in excess of pre -mining <br />levels as determined by baseline data or in excess of levels determined on adjacent non -mined areas". <br />PHASE III <br />Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be released when the permittee <br />has successfully completed all surface coal mining reclamation operations in accordance with this <br />approved reclamation plan, and the final inspection procedures of 3.03.2 have been satisfied. This shall <br />not be before the expiration of the period specified for revegetation responsibility in 3.02.3." Rule <br />3.03.1(4) states, " No bond shall be fully released until all reclamation requirements of these Rules and the <br />4 1 P a g e <br />