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,, iii iiiiiiiiniiiiii <br />t~ <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING s <br />RECLAMATION AND ENFORCEMENT ~ ~ <br />SU[TE 310 <br />625 SILVER AVENUE, S.W. ~~~~~~~o ^,}'Rrfei To: <br />ALBUQUERQUE, NEW MEXICO 87102 '1+~U~ <br />January 29, 1991 <br />Mr. Fred R, Banta, Director FE ~ U 1 )G~i <br />Mined Land Reclamation Division <br />Department of Natural Resources Mined Land <br />215 Centennial Building '~°~lamation Division <br />1313 Sherman Street <br />Denver, CO 80203 <br />Re: Phase II Bond Release, Canadian Strip Mine, Permit No. C-81-026 <br />Dear Mr. Banta: <br />The Albuquerque Field Office (AFO) has received your letter dated January 7, <br />1991, requesting clarification on criteria regarding how revegetation success <br />is to be judged for Phase II bond release. You are correct in saying AFO has, <br />in the past, reviewed revegetation for Phase II bond release in Colorado <br />solely on the basis of vegetative cover. Thank you for bringing this <br />oversight to our attention. <br />It spears that the correct interpretation of Colorado's approved program is <br />that all success criteria of Rule 4.15.8 (as referenced in Rule 4.15.7) must <br />be met for Phase II bond release at Canadian Strip and any other revegetated <br />minesites in Colorado. <br />AFO's previous conditional concurrence for Phase II release in Canadian <br />Strip's 1979-81 seeding area is hereby withdrawn until all applicable <br />revegetation success criteria are demonstrated. Other areas of the mine must <br />also demonstrate that all of the revegetation success criteria have been <br />achieved prior to any Phase II bond releases. <br />The Mined Land Reclamation Division (MLRD) has requested guidance concerning <br />Wyoming Fuels' right of appeal in response to the Office of Surface Mining <br />Reclamation and Enforcement's non-concurrence with the bond release decision. <br />It is AFO's understanding that: (1) MLRD would have to deny the permittee's <br />bond release request based upon the requirements of Colorado's approved <br />program; and (2) Wyoming Fuels would then have appeal rights to the Mined Land <br />Reclamation Board for an administrative review pursuant to Colorado Rule <br />3.03.2(b). <br />If you have any questions, please call me at (505) 766-1486. <br />Sincerely, <br />lM~""'/ ~ ~/64 <br />Aq'lNG 1=iR <br />Robert H. Hagen, Director <br />Albuquerque Field Office <br />