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:,> <br />Snowcap Coal, Roadside Mine Bond Release SL-2, pg. 2 <br />release. Surface ownership and coal mined on this permit <br />was both private and Federal. <br />With one exception discussed below, DMG's Proposed Decision <br />documents the applicant's compliance with the Colorado <br />approved regulatory program at Rules 3.03.1 and 3.03.2, and <br />DMG's bond release guidelines dated April 18, 1995. With <br />the one exception, bond release criteria found in the above <br />regulatory provisions have been met by the permittee. <br />This Phase I bond release request applies to 133 acres of <br />disturbance at the mine, plus additional facility <br />demolition and portal-sealing work. <br />DMG conducted the bond release inspection required at <br />Colorado Rule 3.03.2(2) on May 20 and 21, 2003. OSM <br />participated in the inspection and has reviewed the <br />resulting DMG inspection report and associated <br />correspondence. <br />The exception to documented compliance with Rule 3.03.1 and <br />DMG's bond release guidelines (dated April 18, 1995) is the <br />proposed decision to release certain bond amounts <br />designated for facilities demolition and portal sealing in <br />areas where backfilling and grading are not complete [and <br />that were not identified in blue overlay ("areas nominated <br />for Phase 1 bond release") on the "Reclamation Progress <br />Map" (certified 12/19/02) that was included with the bond <br />release application]. That is, DMG proposes to release <br />bond for completion of some reclamation tasks on these <br />areas, even though these areas do not meet Phase I <br />standards. DMG refers to this as "partial Phase I release" <br />for those areas. <br />The straightforward reading of Rule 3.03.1(2) and (2)(a) <br />provides for bond release on any given geographic area ("an <br />increment or a permit area") in three separate phases, with <br />the first phase requiring that the permittee have <br />successfully completed backfilling, regrading, and drainage <br />control for that specified area. <br />This issue has been discussed by the joint DMG/OSM <br />Oversight Team on several recent occasions. We (OSM(DFD) <br />have discussed it again among ourselves. We agree that the <br />removal of structures must be undertaken in order to <br />