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<br />I. PROCEDURES AND SUMMARY OF THE REVIEW PROCESS
<br />Coors Energy Company submitted an Application for partial Phase I and partial Phase II bond release
<br />under the Colorado Surface Coal Mining Reclamation Act following reclamation of parts of the
<br />Keenesburg Strip Mine. The mine is located in Weld County, Colorado; Sections 25 and 36,
<br />Township 3 North, Range 64 West, 6th Prime Meridian. The mine area includes access road
<br />easements in Sections 2 and 11, Township 2 North, Range 64 West; and Section 25, 35, and 36,
<br />Township 3 North, Range 64 West, as well.
<br />No bond release (partial or otherwise) has been previously requested, processed or approved for this
<br />mine. The Application for partial Phase I and partial Phase II bond release,dated December 16, 1996,
<br />was received at the Division on December 17, 1996. Included in the application was proof of
<br />publication by CEC of a notice of the Application in The New News, published once weekly for four
<br />consecutive weeks, beginning October 24, 1996. CEC also notified land owners within and adjacent
<br />to the mine permit area, and other interested parties of the request for bond release, as required by
<br />Rule 3.03.2(1). The Application was deemed complete by the Division on December 23, 1996.
<br />The Division scheduled and conducted a bond release inspection on February 6, 1997 in accordance
<br />with Rule 3.03.2(2). This date was scheduled to accommodate a request of CEC that one of their
<br />consultants could be present at the inspection. Persons at the inspection were George Neserke and
<br />Donald W. MacDonald of Coors Energy Company, Michael S. Savage and Edith Savage of Savage
<br />and Savage (consultants for CEC), Andrea Leonard of Natura] Resources Conservation Service, and
<br />Janet Binns and Byron G. Walker of the Division. Landowners Ehna J. Edmiston of Longmont,
<br />Colorado, and Waste Services Development Corporation were notified of the inspection via certified
<br />mail, but Edmiston letters were returned as undeliverable. These land owners (associated with the
<br />access road easements) did not accompany the inspection.
<br />Technical adequacy issues were addressed to CEC by the Division on February 18, 1997. On March
<br />27, 1997, CEC requested an extensionbeyond an Apri13, 1997, decision due date in order to facilitate
<br />full and complete review. On April 1, 1997, additional adequacy issues were addressed to CEC. CEC
<br />replied to the adequacy issues by letters of April 9 and 11, and June 3, 1997. CEC revised acreage
<br />information under responses dated April 11, 1997 and June 3, 1997 (179 acres for Phase I release, atd
<br />111 of the 179 acres for Phase H release; there are a total of approximately 413 acres disturbed at the
<br />mine site). Additional communications continued to clarify remaining issues (by telephone
<br />conversations, meetines, and Division letters of July 10, 1997, and January 22, June 4, and July 27,
<br />1998; and CEC letters of July 24 and August 27, 1997, and June 29, July 1, and August 7, 1998).
<br />The Southeast Weld Soil Conservation District provided their concurrence of the proposed bond releare
<br />by letter of February 6, 1997. The Weld County Department of Health expressed concerns with the
<br />cost estima[es associated with the Application by letters of May 26 and June 4, 1998. The concerns
<br />have been addressed in the current Division estimate to complete reclamation at the site. The Weld
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