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Your complaint regarding the release of bond by DMRS involves the State's bond release <br />procedure. This concern does not involve a violation of a performance standard and <br />would not require a notice of violation. These concerns are best addressed through the <br />State program appeals processes. OSM will also discuss these concerns with the State <br />through the oversight process. <br />Your statements also point out that DMRS has not adopted a provision consistent with 30 <br />CFR 817.121(c}(5) which provides that, ifsubsidence-related material damage occurs to <br />land, structures, or facilities protected under 30 CFR 817.121, the regulatory authority <br />must require the permittee to post additional performance bond in the amount of the <br />estimated repair costs or diminution in value. Previously, by letter dated June 5, 1996, <br />pursuant to 30 CFR 732.17, OSM informed DMRS of changes to its program which may <br />be required as a result of Federal regulations promulgated pursuant to Section 720 of <br />SMCRA. Among other requirements, 30 CFR 817.121(c)(5}was listed. Colorado had <br />existing regulations consistent with 30 CFR 817.121 (c)(1) and (2). The Federal <br />regulations at 30 CFR 817.121(c)(4)(i} through (iv} were suspended and no longer <br />required. However 30 CFR 817.121(c)(5) remains a requirement for Colorado. In a <br />separate letter under 30 CFR 732.17, OSM is requiring that within 10 days, Colorado <br />submit either a proposed written amendment or a description of an amendment and <br />timetable for submission. Colorado could also respond with an explanation of existing <br />authority consistent with 30 CFR 817.121(c)(5). <br />If you have any further questions concerning this response and process, please call me at <br />303-844-1400, ext. 1424. <br />Sincerely, <br />U W'' `v ~ ~~.- <br />James Fulton <br />Chief, Denver Field Division <br />