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Introduction <br /> This document is the proposed decision of the Colorado Division of Reclamation,Mining and <br /> Safety (the Division)for Surety Increase No. 2 (SI-2) at the Terror Creek Loadout,Permit No. C- <br /> 1983-059. The package contains three parts. These include: 1)procedures and summary of the <br /> bond increase process; 2)observations and findings of the Division regarding compliance with the <br /> performance bond requirements of the Colorado Surface Coal Mining and Reclamation Act(Act) <br /> and regulations promulgated thereunder; and 3)the Division's proposed decision on the surety <br /> increase. <br /> Detailed information about the review process can be found in the Act and the Regulations of the <br /> Colorado Mined Land Reclamation Board for Coal Mining (Rules). All rules referenced within this <br /> document are contained within the Rules. Detailed information about the mining and reclamation <br /> operations can be found in the permit application on file at the Division offices,located at <br /> 1313 Sherman Street,Room 215,in Denver, Colorado. <br /> The Terror Creek Loadout is a rail loadout facility permitted and operated by Oxbow Mining,LLC. <br /> (OMLLC). The ownership of the land and minerals for which bond increase has been proposed is <br /> private. <br /> I. PROCEDURES AND SUMMARY OF THE INCREASE PROCESS <br /> The Division has initiated this surety increase in order to ensure compliance with Rule 3.02.1, <br /> which requires a performance bond for all requirements of the Act,Rules, and the approved <br /> reclamation plan. Rule 3.02.1(3)requires the performance bond to cover land within the permit area <br /> upon which surface coal mining and reclamation operations are to be initiated and conducted, and <br /> Rule 3.02.1(4)states that liability of the performance bond shall continue until the entire <br /> reclamation plan has been completed. <br /> Rule 3.02.2(4)requires the Division to adjust the required performance bond as affected land <br /> acreages are increased or decreased or when the cost of future reclamation changes. Procedures for <br /> adjustment of the required performance bond include: <br /> a. Notification of the permittee of any proposed bond adjustment and providing the permittee <br /> with an opportunity for an informal conference on the adjustment; <br /> b. Issuance of a written proposed decision by the Division to adjust the bond amount, <br /> publication of notice of the proposed decision in a newspaper of general circulation in the <br /> locality of the mining operation once a week for two weeks following issuance of the <br /> decision, and notification of the permittee,the surety and any person with a property interest <br /> in the collateral who has requested notification; and <br /> c. An opportunity for a formal hearing pursuant to Rule 2.07.4(3) <br />