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Two roads remain at the site as permanent features. Road A, the main road from the mine entry gate, <br />located at the confluence of Coal and Dutch Creeks, to immediately above the Lamphouse remains <br />as a permanent feature. This road currently provides access to and through private property located <br />in the same azea. This is currently a public right-of--way, providing non-motorized public access to <br />public property administered by the U.S. Forest Service. The second road also begins at the mine <br />entry gate, but extends pazallel with Coal Creek past the Sutey Refuse Disposal Area. This road <br />provides limited public access to public land administered by the U.S. Forest Service lands, and <br />serves as an access to private property located further up Coal Creek. <br />These permanent structures and roads aze currently used to support the final post mining land use of <br />commercial recreation. <br />Post Mining Land Use <br />MidCon Realty, LLC sold the private land to Acacia, LLC in 2004. Acacia, LLC is developing the <br />property as a commercial recreational facility for hunting and fishing. Earthwork has been initiated <br />by the new land owner to implement this use. The Division does not have any authority to regulate <br />the activities occurring on the land now owned by Acacia, LLC. <br />IV. FINDINGS <br />Previous Bond Releases <br />Since the time that the permit was revoked and the bond was forfeited, no bond release applications <br />were submitted, reviewed, or approved. This TOJ is a combined Phase I, II and III release of <br />regulatory authority for all of the privately owned lands located within the former Coal Basin Mine <br />permit azea. <br />Termination of Reclamation Obligations <br />The Division acquired funds to conduct reclamation of the Coal Basin Mine from Mid-Continent <br />Resource's bankruptcy proceeding and a subsequent District Court action. The District Court action <br />(Boazd of County Commissioners v. Mid-Continent Resources, Inc v. MidCon Realty, LLC v. State <br />of Colorado; 97 CV 131-1), (Pitkin County District Court), resulted in a Settlement Agreement <br />which, consistent with the statutory reclamation requirements of the Colorado Surface Coal Mining <br />Reclamation Act, specified the reclamation activities that the Division would undertake on property <br />owned by MidCon Realty, LLC. This property was acquired by Acacia, LLC in 2004. <br />The Division has completed the reclamation tasks described in the Settlement Agreement. The <br />Division gave notice on March 6, 2002, in accordance with the District Court actions, that no further <br />reclamation obligation due to past mining operations exists on the former MidCon Realty property <br />described in the Section I of this document. This document was recorded in Pitkin County on Mazch <br />21, 2002. No additional reclamation tasks were undertaken by the Division on that property. <br />