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Ti <br />C <br />i <br />Ricaaro D. Lamm <br />Governor <br />DEPARTMENT OF NATURAL RESOURCES <br />Davitl H. Getches. ERecutive Director <br />MINED LAND RECLAMATION DI\ <br />DAVID C. SHELTO N, Director <br />January 16, 1987 <br />III III III III IIII III <br />999 <br />Mr. Dale Thompson <br />Ranch Manager <br />Axial Basin Ranch Company <br />5731 State Hwy 13 <br />Meeker, Colorado 81641 <br />Re: Wilson-Loudy Loadout, Bond Release and Transfer of Permit, File C-81-032 <br />Dear Mr. Thompson: <br />In response to recent inquiries by yourself and Mr. Greg Lewicki, I have <br />reviewed the Divisions' records and have the following comments on the above <br />referenced issues. <br />Northern Coal Company currently retains all bonding liabilities for the <br />Wilson-Loudy Loadout. In September, 1985, the Division approved a request for <br />partial bond release for successful completion of backfilling and grading. <br />However, Northern Coal did not complete the actual release of monies due to <br />procedures involving transfer of ownership which were occurring at the time. <br />Therefore, Northern Coal could immediately receive E76,134.00 (60% of the <br />loadout bond) by sibmitting a rider which reduces their current bond to <br />y773,866.00. Additional bond release could be obtained upon request by <br />Northern and demonstration that the requirements of Rules 3.03.1(2)(b) and <br />3.03.1(3] have been met. Northern would need to show that the revegetation <br />has mec the requirements of Rule 4.15.10, and prove that the industrial land <br />use has been attained. This land use determination could be provided either <br />by the possible permitting of the Elam gravel pit, or by submitting evidence <br />that the County has rezoned the area for industrial use. If the land use <br />could not be proven, then Rule 4.15.8 would be the appropriate revegetation <br />standard. <br />Regarding the transfer of ownership to Axial Basin Ranch, the Division still <br />requires additional information to approve the transfer. As set forth in the <br />Divisions' letter of July 3, 1986, information as required by Rules 2.03.4, <br />2.03.5, 2.03.6, 2.03.7(3), 2.03.9 and 2.03.10 must be provided. Upon approval <br />of the transfer, Axial Basin would assume the remaining bond liability of <br />550,756. Porthern Coal could then apply for additional bond release in that <br />amount, and be free of all bonding liability for the loadout. It shou'.d be <br />noted that upon transfer of ownership, the same standards for bond release as <br />listed above would apply to Axial Basin. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />