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via certified mail. <br /> Adequacy Review Letter 1 was sent to the Operator on October 10, 2023. The Division received <br /> a response to the letter on November 21, 2023. A second adequacy letter was sent by the Division <br /> on November 21, 2023. The Division received a response letter on December 14, 2023. All <br /> adequacy items were accepted as resolved as of January 3, 2024. <br /> II. CRITERIA AND SCHEDULE FOR BOND RELEASE & OBSERVATIONS AND <br /> FINDINGS <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 /> With regard to Phase I bond release,the approved reclamation plan for the TAHR corridor does not require <br /> any backfill or grading. Tab 17 of the Permit Application Package(PAP)states that the TAHR and TAHR <br /> corridor are separate from the backfill,grading, and overall reclamation schedule for the rest of the permit. <br /> This is due to the shift in post mining land use approved under PR-02 which changed the TAHR corridor <br /> to an industrial/commercial use with intent to keep the TAHR and topsoil piles in place. This change was <br /> made to support any future mining in western Routt County that would require use of this road and to <br /> allow Routt County to take over the road as a public right of way. Thus, minimal backfill and grading of <br /> the bond release area was conducted. Pursuant to Rules 4.14.1, 4.14.6 and 4.27.3, affected lands are <br /> required to be graded to blend into the surrounding topography and the approximate original contour <br /> (AOC),while maintaining positive drainage. Returning the area to the AOC does not apply to SL-03 with <br /> the post mining land use as a TAHR. The TAHR and its associated drainages have been maintained <br /> throughout the years and repaired when necessary. HGT and Routt County have plowed the TAHR in <br /> snowy seasons. Topsoil piles have remained marked throughout the time of reclamation and have been <br /> graded to slopes which maintain vegetation and proper drainage. <br /> Based upon a review of the mine permit,the applicant's bond release application, and site inspections,the <br /> Division finds that HGT has completed backfilling, grading and drainage reestablishment at the Hayden <br /> Gulch Loadout in accordance with the approved reclamation plan. <br /> PHASE 11 <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 post mining land use, and which meets the <br /> approved success standard for cover,pursuant to 4.15.8,meets applicable productivity standards for prime <br /> farmlands or alluvial valley floors pursuant to 3.03.1(3)(b), or croplands pursuant to 4.15.9. With the <br /> exception of prime farmlands, evaluation of vegetation establishment pursuant to this paragraph is based <br /> on statistically valid data collected during a single year of the liability period". In regard to Phase II bond <br /> release, Rule 3.03.2(3)(b) also states, " No more than sixty (60) percent of the bond shall be released so <br /> long as the lands to which the release would be applicable are contributing suspended solids to streamflow <br /> Permit Number C-1992-081 Page 4 of 7 <br />