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<br />DIVISION DECISION AND FINDINGS REGARDING TECHNICAL REVISION 12, NORTH THOHPSON <br />CREEK NINE (File C-81-025) <br />- The poet mining land use for the area subject to this technical revision will <br />be changed and designated ae industrial and residential (including a golf <br />course) upon receipt of local land use authority approval of appropriate PUD <br />plan or zoning changes; <br />- The subject area has previously complied with the Phase i reclamation success <br />atandarda for backfilling and grading applicable to the originally approved <br />reclamation plan and post mining land use, and was released from further <br />liability in this regard; <br />- The subject area complies with the reclamation success criteria for <br />revegetation and stabilization for industrial and residential poet mining land <br />uses as documented in the technical revision 12 submittal; <br />- Upon removal of two concrete conveyor footers on the east bank of the Roaring <br />Fork River applicable reclamation requirements will have been satisfied; <br />-Upon successful satisfaction of the reclamation requirements referenced in the <br />preceding paragraph, given that a post mining land use incompatible with the <br />requirements of rule four is planned to be implemented by the land owner, the <br />Division finds that the performance atandarda do not apply to the subject area, <br />to the extent that the residential and industrial poet mining land use ie <br />implemented (i.e. commencement of excavation or other construction activities <br />related to the post mining land use), except that public liability insurance <br />must be maintained as per rule 2.03.9, and that no portion of the area shall <br />contribute suspended solids to streamflow such that ambient sediment levels are <br />elevated. This shall be determined by comparing upstream and downstream water <br />quality data; <br />- Upon the successful satisfaction of the applicable reclamation standard <br />described in paragraph four above, the subject area is eligible for final bond <br />release upon a demonstration made by the permittee satisfactory to the Division <br />that the post mining land has been implemented. The requirements of rule <br />3.03.2 shall apply to the release request. Following this release of <br />liability, no further performance atandarda shall apply. <br />c:\nthompck.wp <br />