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1 <br />i~ <br />IN REPLY REFER TO: <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement Ury - Lam <br />P.O. Box 46667 Gc : .~'/,t~, <br />Denver, Colorado 80201-6667 <br />November 4, 2005 <br />RECEIVE® <br />Ronald W. Cattany, Director NOV 0 7 2005 <br />Division of Minerals and Geology <br />Department of Natural Resources Division of Minerals and Geology <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />RE: Proposed Decision to Approve Phase I Bond Release, West Elk Mine, Permit No. <br />C-1980-007, Bond Release Application No. l (SL-1) <br />Dear Mr. Cattany: <br />This letter acknowledges the Office of Surface Mining's (OSM) receipt and review of the subject <br />October 14, 2005, Proposed Decision for Phase I bond release on a portion of the above permit <br />area which includes Federal lands. OSM is in agreement with the Proposed Decision and hereby <br />provides OSM concurrence to release Phase I bond monies and liability on approximately 15 <br />acres of reclaimed drill pads and reclaimed access road disturbance in accordance with <br />30 CFR 906.30.24. <br />The Colorado Department of Natural Resources, Division of Minerals and Geology (DMG) <br />conducted the Phase I Bond Release inspection required at Colorado Rule 3.03.2 (2) on <br />October 7, 2004. DMG's Proposed Decision documents the inspection findings and indicates that <br />all required public notices and surface landowner notifications were made in a timely manner <br />prior to the inspection. Land and coal ownership in the bond release area is private and Federal. <br />The OSM Denver Field Division (DFD) participated in the bond release inspection and <br />inspection findings are documented in the OSM Mine-Site Evaluation Inspection Report dated <br />October 7, 2004.-The United States Forest Service (USFS) also participated in the bond release <br />inspection. The Bureau of Land Management (BLM) did not participate in the inspection. DFD <br />confirmed via telephone and a-mail with BLM (Mr. Desty Dyer) that BLM had received and <br />reviewed DMG's Proposed Decision. DFD received BLM's concurrence letter dated October 27, <br />2005, and the USFS concurrence letter dated October 26, 2005 (copies attached). No other <br />Federal Land Management Agencies are involved in this action. <br />TAKE PRIDE®~ <br />IMAM ERICA--~ <br />