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DRMS Permit C-1992-080 Page 7 of 7 <br />Division reviewed the data and agrees with OEI reports of the following: <br /> Sample adequacy was achieved for reference area cover and productivity sampling in 2015 and <br />2016. <br /> Sample adequacy was achieved for reclaimed areas cover and productivity sampling in 2015 and <br />2016. <br /> The reclaimed areas exceeded the reference area cover for 2015 and 2016. <br /> Herbaceous productivity on the reclaimed areas exceeded reference area productivity in 2015 and <br />2016. <br /> Species diversity success standards were achieved in 2015 and 2016 on the reclaimed areas. <br /> <br />Further evidence of a permanent self-sustaining vegetation community at the Carbon Junction Mine entails <br />observation of vegetation on the various areas of the mine site during the bond release inspection (on <br />September 7, 2016) and during previous Division inspections. During the bond release inspection, the <br />Division representative noted that the on-the-ground vegetation conditions closely matched the data in the <br />SL-05 application. <br /> <br />Summary and Conclusions <br /> <br />Based upon a review of the mine permit, the applicant's bond release application, and site inspections, the <br />Division finds that OEI has successfully completed all surface coal mining reclamation operations in <br />accordance with the approved reclamation plan and met all requirements of the Act and the Rules. <br /> <br /> <br /> <br />IV. PROPOSED DECISION <br /> <br />Based on the observations above, the Division proposes to approve OEI's request for a complete Phase III <br />bond release and termination of jurisdiction for the Carbon Junction Mine. This proposed decision will <br />release the applicant from liability for all reclamation work. <br /> <br />The original performance bond for the Carbon Junction Mine was $1,125,300.00. Over the last 23 years, <br />the Division has reduced the liability (and the operator has reduced the bond amount) because of <br />reclamation of all portions of the Carbon Junction Mine and phased bond releases. The liability prior to <br />SL-05 was $112,165.00 (as noted on most recent decision form for MR-10). <br /> <br />The Division currently holds a performance bond of $112,165.00. Based on the observations above that <br />no reclamation work remains to be done at the site, the Division proposes to release this amount. <br /> <br />Any person with a valid legal interest which might be adversely affected by this proposed decision may <br />request a formal public hearing before the Mined Land Reclamation Board in accordance with Rule <br />3.03.2(6). Public notice of this proposed decision will be published twice in the Durango Herald as soon <br />as possible. Requests for public hearing must be submitted to the Division in writing within thirty days of <br />the first publication in the Durango Herald. If no hearing is requested within those thirty days, the <br />Division's decision will become final.