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' ~ ~ <br />Steve Renner 2 <br />Partners, requested that the operator, Northern Coal Company, leave certain <br />facilities on the mine. Of those, there is a concrete pad with a parking area that <br />was referred to in the landowner request as the "office complex." The landowner <br />commented that the area would be used for, "a home site " ' 'and camper trailer <br />parking during hunting seasons." The landowner's request clearly indicates that <br />these areas are to be used for residential/recreational uses. This constitutes an <br />alternative post mining land use which is in conflict with the approved post mining <br />land use of grazing/wildlife. To our knowledge, no alternative post mining land use <br />has been approved for the Meeker Area Mines. This area, the office complex, will <br />have to be reclaimed or the mine plan must be revised and approved, in <br />accordance with Colorado's approved program, to reflect the new land use. <br />Reinau No. 2 Mine: <br />The operator did five (5) transects in this area indicating that the ground cover <br />averaged 55 percent. Your offices's four (4) transects concur with the operator's <br />average coverage for this area. Based on the findings of both the operator and the <br />State, the operator has not met 90 percent of their approved standard of 70 <br />percent. AFO, therefore, can not concur on a Phase II release for this area. <br />Refuse area: <br />The operator did four (4) transects for this area which show that it has an average <br />of 66.5 percent cover. Your office commented in the supporting narrative for the <br />bond release application, that data for the cover on this area was not gathered by <br />the Division because of time constraints. AFO can not concur on a Phase II <br />release for this area because your office has not collected independent data for the <br />average percent of cover. The requirement for separate data for the determination <br />of approval to be made by the Regulatory Authority is noted in Colorado Coal Mine <br />Regulation 4.15 under the general requirements of that section. Specifically, <br />Section 4.15.1 (4), "Each person who conducts coal mining operations shall <br />monitor revegetation as required by the Division ' ' 'the Division's use of the data <br />shall not provide a basis for determinations of revegetation success." Separate <br />documentation is required and, until such time as that is done, concurrence can <br />not be granted by AFO. <br />There are several additional concerns that should be addressed at this time <br />regarding the bond release request. An attempt was made by the operator to <br />combine the average cover findings for the three distinctly mapped areas <br />considered in the bond release application. AFO can not accept that technique for <br />a bond release request. Areas on a mine that are separate will have to stand <br />