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inspection was conducted in accordance with Rule 3.03.2(2). The Division notified surface <br /> landowners, government agencies,the operator and subsurface landowners of the time and date of <br /> the bond release inspection via certified mail. Persons in attendance at the inspection included; <br /> Tonya Hammond and Greg Shurbet,representing SCC, Jim Stover,representing J.E. Stover and <br /> Associates, Christine Belka,representing OSMRE, and Clayton Wein and Daniel Hernandez, <br /> representing CDRMS, Brant Harrison, representing Kokopelli Farms, and Steve Erikson, <br /> representing himself as a landowner. Colorado Parks and Wildlife, and the Town of Palisade were <br /> notified of the date and time of the inspection, but no representatives from either party participated, <br /> or contacted the Division regarding the inspection. <br /> A second bond release inspection was scheduled for August 16, 2018. This inspection was <br /> scheduled to inspect the areas requested for bond release on Mr. Rudy Fontanari's property. The <br /> inspection was three days and included GPS surveying of features on the Fontanari property. <br /> Clayton Wein, Daniel Hernandez and Brock Bowles represented the Division. David Fox, Ken <br /> Walter and James Beckwith were present on behalf of Fontanari (Fontanari Group). Tonya <br /> Hammond, Jim Stover, John Justus(SCC's attorney) and Karoline Henning (John Justus' <br /> Associate)represented SCC during the inspection. <br /> Comments and a request for an informal conference were submitted by Mr. James Beckwith <br /> and were received by the Division on September 14, 2018. An informal conference was held on <br /> November 6, 2018 at the BLM Grand Junction Office. Following the informal conference,the <br /> Division inspected the Roadside Mine with SCC and Mr. Fontanari's representatives to determine <br /> the location and quantity of features requiring maintenance. <br /> On November 28, 2018 the follow-up inspection to the informal conference was conducted <br /> and GPS coordinates were collected for identified features. Clayton Wein and Daniel Hernandez <br /> represented the Division. David Fox, Ken Walter and James Beckwith were present on behalf of <br /> Fontanari. Jim Stover and Tonya Hammond represented SCC. <br /> On March 29, 2019,the Division was notified by SCC that the maintenance of the features <br /> identified on November 28, 2018 at the Roadside Mine had been completed. A follow-up <br /> inspection of the maintenance sites was conducted on April 11, 2019. Tonya Hammond of SCC <br /> and Clayton Wein from the Division were present for the inspection. <br /> IL CRITERIA AND SCHEDULE FOR BOND RELEASE <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 post mining 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 release <br /> would be applicable are contributing suspended solids to streamflow or runoff outside the permit area <br /> in excess of premining levels as determined by baseline data or in excess of levels determined on <br /> adjacent nonmined areas". Criteria for Phase II bond release included the following: <br /> 4 <br />