2023-02-15_BONDING - C1981008 (2)

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acre of Irrigated Pasture, Phase II release on 11.7 acre of Dryland pasture, and Phase III on 157 acres of Irrigated Pasture and Dryland Pasture. SL-23 was received on September 26, 2019. SL2-23 approved Phase III bond release of a reclaimed ditch, with a post-mining land use of irrigated pasture. The reclaimed ditch accounted for 0.4 acres. No objections were received regarding SL-23. SL-23 was approved on March 19, 2020, and released $2,361.00 in reclamation liability. SL-24 was received on January 28, 2021. SL-24 approved Phase I, II, and III bond release of Stock Pond 1 (SP 1), previously known as the Goforth Stock pond, and the immediate surrounding area, consisting of approximately 1.1 acres. SL-24 was approved on May 13, 2021, and released $5,675.00 in reclamation liability. An application for a partial Phase I, II and III bond release was received by the Division on May 16, 2022. The application was deemed complete on July 5, 2022, after the Division received proof of publication of the applicant's public notice. Elk Ridge Mining and Reclamation, LLC published notice of the bond release application in San Miguel Basin Forum once weekly for four consecutive weeks,beginning May 26, 2022. Elk Ridge Mining and Reclamation, LLC also notified land owners within and adjacent to the mine permit area, and other interested parties of the application for bond release, as required by Rule 3.03.2(1). A written objections regarding the bond release application were received by the Division. The objection was received via e-mail on May 22, 2022 from Ms. RoseAnne Guire, representing GW46 Irrevocable Trust. The area of concern is in Township 46 North,Range 15 West: Section 6; NE '/4 NW '/4. The area of concern has been reclaimed to irrigated pasture. The reclaimed area coincides with a reclaimed haul road. The landowner expressed concern that the reclaimed area had undergone differential settling since the application of irrigation water. The differential settling of the backfilled field has resulted in difficulties for the landowner in managing the pasture. During the inspection, we looked carefully at the area of the concern. The operator and Mr. Guire discussed amenable plans for correction and timing of mitigation work on the settled area. No requests for an informal conference were received by the Division. The Division scheduled and conducted a bond release inspection on August 4, 2022. The site inspection was conducted in accordance with Rule 3.03.2(2). The inspector met Tony Tennyson of ERMR at the mine office. A representative for Mr. Dirk Richards, Ms. Kim Schweikhardt, accompanied the inspection, and expressed Mr. Richards' concerns. Mr. Jim Guire and Ms. RoseAnne Guire met the inspection at the GW46 property on an ATV. A second written objection to the bond release was received on June 10, 2022 for Mr. Dirk Richards, a landowner in Section 31. The only part of this bond release application that are located on Mr. Richards' property are reclaimed monitoring wells; GW-N41, GW-N42 and GW- N43. Ms. Schweikhardt noted that Mr. Richards wanted an access road to remain. This was not a part of the approved reclamation plan and this area was approved for final reclamation during SL22 (approved April 12, 2020). The property in question was released from the permit area with the approval of TR98, June 4, 2020. Mr. Richards had concerns regarding overflow from the CC ditch water screening structure creating erosion on a portion of his property. This C1981008 SL25 Page 5 of 14