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2016-12-30_GENERAL DOCUMENTS - C1996083
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2016-12-30_GENERAL DOCUMENTS - C1996083
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Last modified
1/3/2017 1:44:40 PM
Creation date
1/3/2017 1:41:45 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1996083
IBM Index Class Name
General Documents
Doc Date
12/30/2016
Doc Name
Proposed Decision & Findings (SL2)
From
DRMS
To
Bowie Resources, Inc
Permit Index Doc Type
Findings
Email Name
JDM
DIH
Media Type
D
Archive
No
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Based on the Division’s review, the operators’ request, and bond release inspection, the number <br />of acres eligible for Phase I bond release under the SL-02 application was determined to be 12.27 <br />including drill sites and light-use roads. The Phase I request associated with Gob Pile #1 and <br />Gob Pile #2 were removed from the application. The application was found complete on <br />October 12, 2016 after the Division received proof of publication of the applicant’s public notice. <br />The completeness determination was made in accordance with Section 3.03.2(1)(d). <br /> <br />No comments, written objections, or requests for an informal conference regarding the bond release <br />application were received by the Division. <br /> <br />BRL submitted the bond release application following the procedures described in the Act and <br />Regulations. The application also utilized the Division’s Guideline Regarding Selected Coal <br />Mine Bond Release Issues, dated April 18, 1995. <br /> <br />Public Notice <br /> <br />BRL published notice of the bond release application in the Delta County Independent once <br />weekly for four consecutive weeks, beginning on September 7, 2016. BRL also notified <br />landowners within and adjacent to the mine permit area, as well as other interested parties, of the <br />application for bond release, as required by section 3.03.2(1). The Division received no written <br />comments, objections, or requests for an informal conference regarding the bond release <br />application. <br /> <br />Bond Release Inspection <br /> <br />The Division scheduled and conducted a bond release inspection on November 1, 2016. The site <br />inspection was conducted in accordance with Section 3.03.2(2). Jason Musick represented the <br />Colorado Division of Reclamation, Mining, and Safety. The operator was represented by Bill <br />Bear of Bowie Resources, LLC and Basil Bear of Bowie Resources, LLC. Also present during <br />the inspection was Howard Strand, representing the Office of Surface Mining and Enforcement; <br />Desty Dyer, representing the Bureau of Land Management; and Jim Stover of J.E. Stover and <br />Associates. Based on this inspection, it was determined that all disturbances associated with the <br />SL-02 application were adequately reclaimed. <br /> <br />II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br /> <br />Phase I <br /> <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-02 Phase I bond release, BRL had initially <br />requested 24.2 acres of Phase I-only bond release. The initial bond release request also included a <br />request for Phase I, II, and III bond release of 33 sealed drilled holes. A portion of Gob Pile #1 and <br />#2 was also initially included with the SL-02 application for Phase I bond release, but was removed <br />at the request of BRL. <br />During the SL-02 application review process, and as a result of the SL-02 bond release inspection, it
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