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5. TBM has contended that it should be relieved of the obligation to reclaim the site because the current landowners would not allow it onto the property to perform reclamation. However, the landowners have told the Division that they will allow TBM to complete reclamation and have provided the Board with evidence of their intent. CONCLUSIONS OF LAW 6. TBM has not performed reclamation within the period specified by the Board and, pursuant to 34-33-124(4) C.R.S. (1984) the Board may forfeit the reclamation bond. However, the Board is not required to forfeit the bond, but, alternatively, may specify a new schedule for the completion of reclamation. 7. The transfer of ownership of the property does not relieve TBM of the obligation to reclaim the site and, therefore, is not a ground for bond release. S. The Board may require TBM to restore the area affected to a condition capable of supporting the use to which it will be put, and that will not present a hazard to public health or safety. Sections 34-33-120 (2)(b) and 34-33-124(4), C.R.S. (1984). 9. The reclamation plan should be amended to allow post-mining land use as residential for those areas suitable for such post-mining land use. BOARD ORDER 10. The Board denies the request for bond release at this time. 11. This hearing shall be continued until the June 1991 Board meeting. At the continued hearing the Board shall consider an amendment to the reclamation plan to change the post-mining land use for a portion of the site to residential. 12. The operator shall complete all outstanding maintenance and related reclamation activities at the Trinidad Basin Mine by May 31, 1991. Such activities shall include, but not be limited to, the following: a. Fill in and re-seed settlement cracks and rills and gullies which have occurred on reclaimed areas; b. Repair and re-seed back filled areas that have slumped; c. Direct all disturbed area drainage into sediment ponds via designed diversion and culverts;