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United States Department of the Interior &t - OFFICE OF SURFACE MINING �. Reclamation and Enforcement Western Region Office 1999 Broadway, Suite 3320 Denver, CO 80202-3050 January 27, 2017 Mike Boulay, Coal Program Supervisor Colorado Division of Reclamation, Mining and Safety 1313 Sherman Street, Room 215 Denver, CO 80203 Re: Termination of Jurisdiction (SL -01), Ohio Creek No. 2 Mine, Revoked Permit No. C-1980-002 Dear Mr. Boulay, This letter acknowledges the Office of Surface Mining Reclamation and Enforcement (OSMRE), Denver Field Branch's (DFB) receipt and review of the above Termination of Jurisdiction (TOJ) document prepared by the Division of Reclamation, Mining and Safety (DRMS) dated January 4, 2017. The revoked permit for the Ohio Creek No. 2 Mine encompasses 88.5 acres, 3.22 of which were disturbed by underground coal mining activities and subsequently reclaimed. The surface rights are privately owned and the mineral estate was federal. The Colorado Mined Land Reclamation Board revoked the permit (C-1980-002) and forfeited the $36,000 cash bond due to compliance issues in February, 1996. The final permittee, Robert Weaver, conducted primary reclamation of the site between 1993 and 1995 prior to permit revocation and bond forfeiture. Upon transfer of the $36,000 into a bond forfeiture account in March, 1996, DRMS performed the remaining reclamation work in the summer and fall of 1996. The site was later re -seeded by the Division in October, 2006. Due to the partial reclamation work performed by Mr. Weaver and the surface owner's request that the site's access road, sediment pond, and associated topsoil pile be left in place, DRMS did not expend all available funding to complete the reclamation plan for this site. Colorado Rule 3.04.2(4) requires any excess forfeited bond amount be refunded to the permittee or surety, whichever is appropriate. Accordingly, the Division has determined the remaining $11,227 cash bond will be delivered to the Bank of the West in Gunnison, Colorado, which has assumed the responsibilities of First National Bank of Gunnison which provided the original $36,000 Letter of Credit (No. 25). DBMS has monitored the reclamation at the Ohio Creek No. 2 Mine for over ten years and conducted a final site inspection on July 12, 2016 which OSMRE attended. No landowner representative was present for the inspection. DRMS did not receive any comments from landowners or the public regarding its proposed TOJ action. This TOJ applies to all portions of the 88.5 acre Ohio Creek No. 2 Mine permit revocation/bond forfeiture site including 3.22 disturbed acres, areas overlying previously -proposed underground