REV02325

• Permit No: C1981023
• IBM Index Class Name: Revision
• Doc Date: 4/9/2003
• Doc Name: Concurrence Letter
• From: OSM
• To: DMG
• Type & Sequence: SL4
• Media Type: D
• Archive: No

iN FEFtY 0.GFEATO'
OFFICE OF SURFACE MINING
Reclamation and Enforcement
1999 Broadway, Suite 3320
Denver, Colorado 80202-5733
March 27.2003
Ronald W. Cattany, Director
Division of Minerals and Geology
1313 Sherman Street, Room 215
Denver, CO 80202
RE: Phase III Bond Release (SL-4), Chimney Rock Mine,
Permit No. C•1981-023, Findings of Compliance and Proposed Decision
Dear Mr. Cattany:
RECEIVED
APR 0 9 2003
Division of Minerals and Geology
This lever acknowledees the Office of Surface Mining (OSM), Western Re~iona] Coordinating Center
(WRCC), Denver Field Division `s (DFD) receipt and review of the above Phase III Bond Release
Proposed Decision document prepared by the Division of Minerals and Geoloey (DMG) dated February
17, 2003. DFD agrees with the findings and decision document and hereby provides OSM concurrence for
the above bond release action in accordance with 30 CFR 740.15 (d) (3), and 30 CFR 906.30, Article ]X,
Section 24, of the State-Federal Cooperative Agreement.
A thorough summary of previous bond release actions, and the operational and.reclamafion history of the
mine are accurately captured in.the above.DMG Proposed Decision. Public and landowner notification of
the bond release provided by the permittee (Kaiser Ventures, Inc), and the bond release irspection
notifications provided by DMG are also documented in the Proposed Decision. DMG's inspection report
for the bond release inspection, and related correspondence. Both OSM and the Bureau of Land
Management (BLM) were notified of the bond release inspection. BLM declined to provide a concurrence
letter agreeing to the proposed bond release because the BLM ]ease has been relinquished (relinquishment
dated February 22, 1996; copy attached). We are documenting BLM's statement with a telephone
conversation record. Some surface area of the mine is controlled by the U.S. Forest Service, but none of
this area is included in this bond release. The U.S.F.S. reported no comments or concerns on this release
(see attached telephone conversation record). All surface ownership in this release is private, and the coal
mined on this permit was both private and Federal coal.
DMG's Proposed Decision documents the applicant's compliance with the Colorado approved regulatory
program at Rule 3.03.2, and DMG's bond release euidelines dated April, 18, 1995. Bond release criteria
found in.the above regulatory provisions have been met or exceeded by the permittee. The hydrologic
balance of surface and ground waters is demonstrated to be stable, successful vegetation reestablishment
has been demonstrated, and the permittee has achieved the approved post mining land uses.
This Phase III bond release requests applies to 16.0 acres of disturbance at the mine. Phase I and Phase II
bond release has previously been approved for all areas of the mine.
DD4G conducted the bond release inspection required at Colorado Rule, Section 3.032 (2) on October 17,
2002. OSM participated in the inspection, and has reviewed the resulting DMG inspection report and
associated correspondence. OSM has participated in previous bond release inspections at the mine. OSM
has reviewed the analysis of vegetation sampling data. OSM finds the vegetation establishment is in
accordance with the above regulatory requirements, and will support the approved post mining Land use.
OSM finds the applicant has demonstrated that the mine has prevented material damage to and minimized
impacts~to the area's hydrologic balance.
United States Department of the Interior