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. ' <br />STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Depart men[ of Natural Resources <br />13t3 Sherman SL, Room 215 <br />Denver. CO 80203 <br />303 866 3567 <br />Fax: 303 832 8t06 <br />February 8, 1991 <br />RECENED ~ OSM <br />P1r. Robert Hagen, Director <br />Albuquerque Field Office <br />Office of Surface hlining <br />Reclamation and Enforcement <br />625 Silver Avenue, S.W., Suite 310 <br />Aluuquerque, New Mexico 87102 <br />RE: Bond Adjustment and Reduction <br />Dear Mr. Hagen: <br />F l~ T ,: lgol <br />ALBUQUrR~~JE FicLG iJ4[lCF <br />oc co<o <br />ti4' JJ,, ~~ <br />Ne : =.f~llSL ;O <br />~~' u <br />~ ~8i6 ~ <br />Roy Romer. - - -~ - <br />Gaverno, <br />Fietl R. Banta. <br />Division Dme:tor <br />I have reviewed your letter of January 25, 1991 regarding the Colorado bond <br />adjustment policy. There appears to be some confusion regarding the actions <br />which Colorado has taken. We agree that bond release may only occur in <br />conformance with Rule 3.03 of the regulations of the Colorado Mined Land <br />Reclamation Board. In fact, this is the only bond release procedure utilized <br />by the State. The 1989 and 1590 oversight reports prepared by the AFD <br />acknowledge this fact. <br />Colorado has adjusted the amount of required bond downward for some <br />operations. This has been done in accordance with Rule 3.02.2(4). These <br />adjustments were made after thorough evaluation by the Division of the <br />necessary amount of performance bond for each site. The se .downward <br />adjustments_reflect inadequacies in previous calculations of the amount of <br />performance bond necessary to assure site..r,eclamat.ion. In each of the three <br />cases cited; tfie hoti"fications required by Rule 3,03 were followed, such that <br />all concerned parties were appropriately aware of the proposed action and <br />final decision. It is our belief that the adjustment of a performance bond to <br />-......_ <br />the correct bond eyel..as.in.no way compromised the ability of the state to <br />achieve site reclamation via a third Party. <br />Please feel free to contact me if you have questions or comments. <br />Sincerely, <br />Steven G. Renner <br />Coal Program Supervisor <br />SGR/scg <br />CC: Fred Banta <br />-~~lL= 1l <br />.. TNT co-6 eY 11 <br />~~e?.r.~, Rp~s<yyo~,~D~ I~ <br />3210E <br />