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regarding the bond release application. <br />Bond Release Inspection <br />The Division scheduled and conducted a bond release inspection on October 28, 2014. The site <br />inspection was conducted in accordance with Section 3.03.2(2). Marcia Talvitie and Dan <br />Hernandez represented the Colorado Division of Reclamation, Mining, and Safety. The operator <br />was represented by Basil Bear of Bowie Resources, LLC. Also present during the inspection <br />was Duane Matt, representing the Office of Surface Mining and Enforcement; Desty Dyer, <br />representing the Bureau of Land Management; and Jim Stover of J.E. Stover and Associates. <br />Based on this inspection, it was determined that all disturbances associated with the SL -05 <br />application were adequately reclaimed. <br />II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />Phase I <br />Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released when <br />the permittee successfully completes backfilling, regrading, and drainage control in accordance with <br />the approved reclamation plan." With regard to this SL -05 Phase I bond release, BRL had initially <br />requested 24.0 acres of Phase II bond release. These 24.0 acres were revised based on the review by <br />the Division to 23.3 acres. These 23.3 acres received Phase I bond release under SL -02 and SL -04. <br />BRL applied for a Partial Phase I bond release of 13.1 acres of disturbed lands associated with the <br />backfilled and graded area at the West Mine lands with SL -02. SL -02 was approved on August 10, <br />2004. SL -04 applied for a partial Phase I bond release of 10.2 acres of reclaimed lands associated <br />with the backfilled and graded area of the Timber Storage Area within the current Bowie No. 1 <br />Mine. SL -04 was approved on June 3, 2013. <br />With regard to the West Mine Fan portion of this SL -05 Phase I bond release, BRL had initially <br />requested .45 acres of Phase I bond release acres. These .45 acres were revised to 1.0 acres based <br />upon a review by the Division. Fifty feet of common dirt material was to be placed in the bottom of <br />the ventilation shaft and remaining portion of the shaft was filled with refuse material. Settling was <br />observed in 2002 and over 50 feet of large rock and common material was placed in the shaft <br />followed by refuse material and topped with another 50 feet of common material. The backfilled <br />shaft opening was covered with a 12 inch thick concrete cap. The ventilation shaft area was then <br />restored to the approximate original contour during 2005. <br />Phase II <br />Rule 3.03.1(2)(b) states, "Up to eighty-five percent of the applicable bond amount shall be released <br />upon the establishment of vegetation which supports the approved postmining land use and which <br />meets the approved success standard for cover... based on statistically valid data collected during a <br />single year of the liability period". In regard to Phase II bond release, Rule 3.03.2(3)(b) also states, <br />"No more than sixty (60) percent of the bond shall be released so long as the lands to which the <br />release would be applicable are contributing suspended solids to streamflow or runoff outside the <br />