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-.. <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />P.O. Box 46667 <br />Denver, Colorado 80201-6667 <br />IN REPLY REFER TO: <br />September 14, 2005 <br />Ronald W. Cattany, Director <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denser, CO 80202 <br />ary ~v ~o ~-~. <br />RECEI VEp <br />SEP 2 9 2005 <br />Division of yfinerals 6 Ge0lo9Y <br />RE: Phase III Bond Release (SL-5), Chimney Rock Mine, <br />Permit No. C-1981-023, Findings of Compliance and Proposed Decision <br />Dear Mr. Cattany: <br />This letter acknowledges the Office of Surface Mining (OSM), Western Regional <br />Coordinating Center (WRCC), Denver Field Division`s (DFD) receipt and review of the <br />above Phase III Bond Release Proposed Decision document prepared by the Division of <br />Minerals and Geology (DMG) dated June 9, 2005. DFD agrees with the findings and <br />decision document and hereby provides OSM concurrence for the above bond release <br />action in accordance with 30 CFR 740.15 (d) (3), and 30 CFR 906.30, Article IX, <br />Section 24, of the State-Federal Cooperative Agreement. <br />A summary of previous bond release actions and the operational and reclamation history <br />of the mine are described in the DMG Proposed Decision. Public and landowner <br />notification of the bond release provided by the permittee (Kaiser Ventures, Inc) and the <br />bond release inspection notifications provided by DMG are also documented in the <br />Proposed Decision, DMG's inspection report for the bond release inspection, and related <br />cot7espondence. Both OSM and the U.S. Forest Service were notified of the bend release <br />inspection. USFS provided a concurrence letter dated September 14, 2005, (attached) <br />agreeing to the proposed bond release. The U.S.F.S. reported no comments or concerns <br />on the release. <br />DMG's Proposed Decision documents the applicant's compliance with the Colorado <br />approved regulatory program at Rule 3.03.2, and DMG'S bond release guidelines dated <br />April, 18, 1995. Bond release criteria found in the above regulatory provisions have been <br />met or exceeded by the permittee. The hydrologic balance of surface and ground waters <br />is demonstrated to be stable, successful vegetation reestablishment has been <br />demonstrated, and the permittee has achieved the approved post mining land uses. <br />`T"AKE F''RID~® a`t' <br />IMAM ERIGR -'~-~'°C' <br />