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2021-09-20_GENERAL DOCUMENTS - C1983059
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2021-09-20_GENERAL DOCUMENTS - C1983059
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Last modified
10/13/2021 7:36:18 AM
Creation date
10/13/2021 7:35:34 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1983059
IBM Index Class Name
General Documents
Doc Date
9/20/2021
Doc Name Note
For SI2
Doc Name
Proposed Decision and Findings of Compliance
From
DRMS
To
Oxbow Mining, LLC
Permit Index Doc Type
Findings
Email Name
JDM
LDS
Media Type
D
Archive
No
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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 />
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