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PROCEDURES AND SUlVINIARY OF THE REVIEW PROCESS <br />KCC applied for a Phase I and Phase II Bond Release under the Colorado Surface Coal <br />Ivtining Reclamation Act following reclamation of the Marr Mine Loadout, 720 Pit and <br />Pit 1. The requested Phase I release area, the Loadout, covers 6.9 acres and was regraded <br />in 1999. The requested Phase II area, the 720 Pit and Pit 1, covers 172.6 acres. The 720 <br />Pit was regraded in 1993 and reseeded in 1995; Pit 1 was regraded in 1994 and reseeded <br />in 1996. The lands requested for release are in Jackson County with the following legal <br />description: <br />Township 8N, Range 78W, 6'h Principal Meridian -Section 2 <br />Township 9N, Range 78W, 6'h Principal Meridian -Sections 22, 23, 25, 26, 27 <br />and 35 <br />Township 9N, Range 79W, 6'h Principal Meridian -Sections 28 and 29 <br />These aeeas are shown on the Johnny Moore Mountain, Gould NW, Walden and Eagle <br />Hill 7.5-minute USGS Quadrangle Maps. <br />An application for Phase I and Phase II Bond Release was received by the Division on 21 <br />September 2000. The application was deemed complete on 9 November 2000, after the <br />Division received proof of publication of KCC's legal notice and proof. The notice was <br />published in the Jackson County Staz for four consecutive weeks from 21 September to <br />12 October 2000. KCC also notified various governmental agencies and landowners <br />within and adjacent to the bond release areas as required by Rule 3.03.2(1). <br />No written objections or requests for an informal conference regarding the bond release <br />application were received by the Division. <br />The Division scheduled and conducted a bond release inspection on 22 May 2001. The <br />site inspection was conducted in accordance with Rule 3.03.2(2). KCC representatives, <br />the Office of Surface Mining (OSM) and landowners including the United States Bureau <br />of Land Management (BLM), Colorado Boazd of Land Commissioners and the United <br />States Fish and Wildlife Service were notified of the inspection. Representatives from <br />KCC, the OSM, the BLM, Jackson County, Montgomery Watson (a consulting firm) and <br />the Division were present a[ the inspection. <br />II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />Rule 3.03.1(2)(a) states that "Up to sixty percent of the applicable bond amount shall be <br />released when the permittee successfully completes back5lling, regrading and drainage <br />control in accordance with the approved reclamation plan." With regard to the Phase I <br />Bond Release, the approved reclamation plan for the Marr Loadout calls for regrading the <br />area to approximate original contour and establishing surface drainage into the sediment <br />pond. There is one building and an access road that have been permitted to remain. <br />Marr Mine SL-02 <br />