ENFORCE22647 - Laserfiche WebLink

Home Browse Search

®~C A ®~~ January 25, 1991 Mr. Fred R. Banta, Director Mined Land Reclamation Division Department of Natural Resources 215 Centennial Building 1313 Sherman Street Denver. CO 80203 Re: Bond Adjustment/Reduction Practices in Colorado Dear Mr. Banta: The Albuquerque Field Office (AFO) has previously informed you that the Office of Surface Mining Reclamation and Enforcement (OSM) was reviewing bond reduction and adjustment practices of [he Mined Land Reclamation Division (MLRD). OSM has now determined that MLRD's bond adjustment/ reduction implementation practices are not in accordance with the Surface Mining Control and Reclamation Act. A copy of an OSM memorandum to the Deputy Director for Operations and Technical Services (dated January 9, 1991), making that finding is enclosed for your review. In making the finding, OSM reviewed information pertaining specifically to bond reduction practices undertaken by MLRD at the Grassy Gap Mine in 1990 (Permit No. C-039-81), the Bourg Strip Mine in 1990 (Permit No. C- 021-81), and the Energy No. 3 Middle Creek Mine in 1988 (Permit No, C- 062-84). As indicated in the enclosed memorandum, reductions in bond for completed reclamation activities are not permissible. Reductions in bond amount for reclamation work performed on disturbed areas can only be achieved through the formal bond release procedures. Release of bond must also adhere to [he Colorado regulatory requirement maximums of 60 percent release for Phase I reclamation and 85 percent release for Phase II reclamation. AFO requests that MLRD correct its bond adjustment/reduction practices and re Frain from similar bond reductions in the future for any reclamation of disturbed areas. Also, AFO requests that MLRD direct operators to reinstate bonds to appropriate amounts for those mines in