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_~ Richard D. Lamm Governor DEPARTMENT OF NATURAL RESOURCES David H. Getcnes, E.eculrve Director MINED LAND RECLAMATION D11~ DAVID C. SHElTO N, Director January lo, 1987 Mr. Greg Lewicki Panorama Resources 909 17th Street Suite 515 Denver, Colorado 80202 Re: Wilson-Loudy Loadout, Bond Release and Transfer of Permit, File C-81-032 Dear Mr. Thompson: In response to recent inquiries by yourself and Mr. Dale Thompson, I have reviewed the Divisions records and have the following comments on the above referenced issues. Northern Coal Company currently retains all bonding liabilities for the Wilson-Loudy Loadout. in September, 1985, the Division approved a request for partial bond release for successful completion of backfilling and grading. However, Northern Coal did not complete the actual release of monies due to procedures involving transfer of ownership which were occurring at the time. Therefore, Northern Coal could immediately receive 576,134.00 (60% of the loadout bond) y submitting a rider which reduces their current bond to 5773,866.00. Additional bond release could be obtained upor, request by Northern and demonstration that the requirements of Rules 3.03.1(2)(b) and 3.03.1(3) have been met. Further, Northern ~dould geed to show that the revegetation has met the requirements of Rule 4.15.10, and prove that the industrial land use has been attained. This land use determination could be provided either by the possible permitting of the Elam gravel pit, or by submitting evidence that the County has rezoned the area for industrial use. If the land use cculd not be proven, then Rule 4.15.8 would be the appropriate revegetation standard. Regarding the transfer of ownership to Axial Basin Ranch, the Division still requires additional information to approve the transfer. As set forth in the Divisions' letter of July 3, 1986, information as required by Rules 2.03.4, 2.03.5, 2.03.6, 2.03.7(3), 2.03.9 and 2.03.10 must be provided. Upon approval of the transfer, Axial Basin would assume the remaining bond liability of 550,756. Northern Coal could then apply for additional bond release in that amount, and be free of all bonding liability for the loadout. It should be noted that upon transfer of ownership, the same standards for bond release as listed above would apply to Axial Basin. 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 iii iiiiiiiiiiiu iii 999