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IN RE ENERGY FUELS, SOUTHFIELD MINE PHASE I BOND RELEASE MOTION TO LIMIT CONSIDERATION BY BOARD TO ISSUES RELATED TO PHASE I BOND RELEASE Objectors to the Phase I bond release have raised a number of issues that are not properly before the Boazd in a Coal Mine Phase I bond release proceeding. Bond releases for coal mines aze divided into three distinct phases. Phase I bond release allows the Coal Program to release up to 60% of the bond submitted by a coal permittee if the following actions have been taken and deemed satisfactory by Coal Program representatives: Backfilling, regrading, and drainage control. See 2 CCR 407-2,Coa1 Program Regulations, Rule 3.03.1(2)(a). Objectors have raised several issues that are not properly considered by the Coal Program or this Boazd for Phase I bond release. These issues aze: 1. Whether the reseeding schedule has been complied with. 2. Whether the "cesspool" has been cleaned up. 3. Whether subsidence holes are the result of Energy Fuels mining activities Reseeding schedules aze appropriately considered either in a Phase II bond release decision (which provides for up to 85% of the bond to be released if vegetation has been established), see Rule 3.03.1(2)(b), or a Phase III bond release decision (which provides for the remaining portion of the bond to be released if the operator has complied with "all surface coal mining reclamation operations in accordance with this approved reclamation plan", including the period specified for "revegetation responsibility in 3.02.3." We believe the reference to "cesspool" in the May 1, 2003 letter from Ms. Gallagher actually refers to a septic holding tank. Fremont County health department, not the Coal Program, regulates the operation and abandonment of septic tanks. Based on the Coal Program's site visit and a meeting among Coal Program representatives, Jim McCazdle of the Inactive Mines Program and the objectors, the subsidence related holes were determined to be the result of historic mining activities and have been referred to the Inactive Mine Program. (The objectors may withdraw this issue.) Because the Board does not properly consider the above issues at this phase of a coal permittee's bond release, the Coal Program requests that this Boazd decline to heaz any evidence on these issues during this proceeding.