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I. PROCEDURES AND SUMMARY OF THE REVIEW PROCESS <br />The Division has approved six previous bond release applications: <br />• SL -01 was a Phase I application for the main facility area and released approximately 51.4 acres <br />of disturbed area and $676,874 of required surety (final approval in March 1998). <br />• SL -02 was a Phase I, II, and III application for roads and pads and released approximately 6.7 <br />acres of disturbed area and $111,490 of required surety (final approval in November 1998). <br />• SL -03 was a Phase R application for the main facility area and released approximately 51.4 acres <br />of disturbed area and $192,501 of required surety (final approval in March 2001). <br />• SL -04 was a Phase I application for the NW -1 vent/fan site and released approximately 1.2 acres <br />of disturbed area and $54,801 of required surety (final approval in August 2005). <br />• SL -05 was a Phase I, II, and III application for the Apache Canyon vent shafts and released <br />approximately 1. 15 acres of disturbed area and $9,940 of required surety (final approval in <br />February 2006). <br />• SL -06 was a Phase I and II application for approximately 6 acres of disturbed area (ponds and <br />railroad track) and Phase III for the main facility (51.4 acres of disturbed area) as well as the ponds <br />and railroad track. It released approximately $69,793 of required surety (final approval in October <br />2008). <br />After SL -06 only a small area, the NW -1 vent/fan site, was left within the Golden Eagle Mine permit. <br />The total area for this parcel is 3.0 acres, and the disturbed area is 1.2 acres. As noted in the list <br />above, this area received Phase I release with SL -04 in August 2005. This area has not received <br />Phase II or Phase III release, but with a technical revision (TR -72) for the New Elk Mine this area <br />was transferred from the Golden Eagle Mine permit to the Division's permit for the New Elk Mine <br />(C-1981-012). (In addition to the Golden Eagle Mine, NECC is the operator of the New Elk Mine.) <br />Currently, the area is "double counted" in the Division's system: it is included in the Golden Eagle <br />Mine permit and the New Elk Mine permit. With approval of SL -07 for the Golden Eagle Mine, <br />this area will no longer be double counted and will only be in the New Elk Mine permit. <br />NECC applied for complete bond release for the Golden Eagle Mine under the Colorado Surface Coal <br />Mining and Reclamation Act. This application, SL -07 for Phase II and III bond release for the NW -1 <br />vent/fan site, was received by the Division on August 17, 2017. The application was deemed complete on <br />September 26, 2017, after the Division received proof of publication of the applicant's public notice. <br />NECC published notice of the bond release application in The Chronicle - News once weekly for four <br />consecutive weeks, beginning August 17, 2017. NECC also notified land owners within and adjacent to <br />the mine permit area, and other interested parties of the application for bond release, as required by Rule <br />3.03.2(1). <br />No comments, written objections, nor requests for an informal conference regarding the bond release <br />application were received by the Division. <br />The Division scheduled and conducted a bond release inspection on October 4, 2017. The site inspection <br />was conducted in accordance with Rule 3.03.2(2). The attendees included Robert Zuber and Janet Binns <br />of the Division and Louis Head and Nick Mason of NECC. (Mr. Head was only present for the office <br />portion of the inspection.) Landowners XTO Energy Inc. and BNI Corporation were notified of the <br />inspection by certified mail, but no representatives from either company attended the inspection. <br />Golden Eagle Mine Partial Phase II and III Bond Release (SL -07) <br />Permit Number C-1981-013 Page 3 of 6 <br />