Laserfiche WebLink
notified land owners within and adjacent to the mine permit area, and other interested parties of <br /> the application for bond release, as required by Rule 3.03.2(1). <br /> One objection to the bond release was received on July 11,2019 from the Colorado Cooperative <br /> Company regarding an easement on a private landowner's property.After review of the <br /> Division's limitations regarding property rights, as per Rule 2.03,the Division determined that <br /> resolution of the Colorado Cooperative Company's agreement regarding access on a private <br /> landowner's property was outside of the Division's jurisdiction. The Division sent the Colorado <br /> Cooperative Company a letter explaining the Division's jurisdiction on November 8,2019. No <br /> response has been received from the Colorado Cooperative Company. <br /> The Division scheduled and conducted a bond release inspection on August 20,2019. The site <br /> inspection was conducted in accordance with Rule 3.03.2(2). The inspection initiated at the Elk <br /> Ridge Mining and Reclamation, LLC office with Janet Binns of CDRMS, Frank Ferris, Cliff <br /> Chiles,Mindy Sickels, and Brian Littlejohn of ERMR, and Tony Tennyson of Tri-State <br /> Generation and Transmission. Mr. Littlejohn was present with a backhoe to dig topsoil <br /> verification holes on areas requested for Phase II bond release on irrigated pasture, and <br /> dryland pasture. Mike Morgan and Jo Ellen Turner joined the inspection during the portion <br /> involving observation of the Irrigated Cropland, Parcel IC-1,on the Morgan property that had <br /> been requested for Phase II bond release. Landowners who were notified via certified mail, <br /> but were unable to be present at the inspection were Mr. Dirk Richards and Mr. George Van <br /> Kirkwood. The Office of Surface Mining was notified of the inspection but declined <br /> participation. <br /> II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br /> PHASE I <br /> Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released when the <br /> permittee successfully completes backfilling,regrading, and drainage control in accordance with the <br /> approved reclamation plan." <br /> Four small areas are requested for Phase I bond release. These four areas consist of a 1.3 acre parcel in <br /> the NW 1/4, SE 1/4 Section 36 T 47N,R16W NM pm, a 0.2 acre parcel in SW 1/4, SE 1/4 Section 36, T 47N, <br /> R 16W,NM pm,a 0.5 acre area located in the NE 1/4, SE 1/4 Section 6,T46N,R15W NM pm, and a 1.0 <br /> acre parcel located in the NE 1/4, SE 1/4 Section 6,T46N,R15W NM pm. The 3.0 acres requested for <br /> Phase I bond release are small parcels that previously were not included in bond release applications,but <br /> complete logical management units of established fields, areas adjacent to previously bond released <br /> fields, and areas previously missed in bond release applications. The four parcel requested for Phase I <br /> bond release were reclaimed in 2001,2013,2016 and 2018. <br /> PHASE II <br /> Rule 3.03.1(2)(b) states, "Up to eighty-five percent of the applicable bond amount shall be released upon <br /> the establishment of vegetation which supports the approved postmining land use and which meets the <br /> approved success standard for cover based on statistically valid data collected during a single year of the <br /> Permit Number C1981-008:SL22 Page 5 of 17 <br />