2016-02-23_GENERAL DOCUMENTS - C1981014

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have not had a negative impact on surface water on or adjacent to the Southfield Mine. All of the runoff from the SL -03 areas is routed through approved ditches and contained in approved ponds. In recent years these ponds have not discharged. Furthermore, the sediment demonstration in the SL -03 application and subsequent adequacy responses indicate that post -mining erosion from the reclamation area is comparable to the adjacent areas. The permanent ponds at the mine site, Ponds 4 and 5, do not pose a threat to downstream water rights because EFCI has met the requirements of the Colorado Division of Water Resources (DWR) regarding these ponds. They have been designated as Livestock Water Tanks by DWR. SUMMARY AND CONCLUSIONS Based upon a review of the mine permit, the applicant's bond release application, and site inspections, the Division finds that Energy Fuels Coal, Inc. has successfully completed all surface coal mining reclamation operations in accordance with the approved reclamation plan and met all requirements of the Act and the Rules. IV. PROPOSED DECISION Based on the observations above, the Division proposes to approve Energy Fuels Coal, Inc.'s request for a Phase I, H, and III bond release for the Southfield Mine. This proposed decision will release the applicant from liability for all reclamation work except sealing of some boreholes and wells and site maintenance costs. The summary sheet for remaining tasks is in Attachment A. Two previous bond release applications, both Phase I applications, have been submitted and approved for the Southfield Mine. SL -01, which entailed approximately 14 acres at the loadout, was approved on November 4, 1997 and entailed release of $26,980.00. SL -02 for the mine site was approved on April 25, 2003, and $534,012.00 was released. This bond release covered approximately 68 acres related to the facilities area, refuse pile (RDA), Newlin Creek topsoil stockpile and south fan area. The Division holds a performance bond of $374,709.00. The current liability for the site is $374,709.00. The minimum amount that must be retained in accordance with Rule 3.03.1(3)(b) is $10,000. The Division estimates its cost to complete remaining reclamation work at the site to be $33,787.00. The Division proposes to release $340,922.00 ($374.709.00 - $33,787.00). The summary sheet for released tasks is in Attachment B. The remaining $33,787.00 is sufficient to assure completion of the remaining reclamation work at the site if the work had to be performed by the Division, including the cost of reestablishing vegetation on any revegetated areas, should those areas fail (Rule 3.03.1(3)(a) and 3.01.3(3)(d)). Any person with a valid legal interest which might be adversely affected by this proposed decision may request a formal public hearing before the Mined Land Reclamation Board in accordance with Rule Southfield Mine SL -03 Page 21 of 21 February 23, 2016