III. PROCEDURES FOR SEEKING RELEASE OF PERFORMANCE BOND
<br />A. Rule 3.03.2(1) Bond Release Application and Contents
<br />The permittee may file a request with the Division for the release of all or part of a performance bond
<br />pursuant to the criteria and schedule described in 3.03.1. Prior to filing the request, the permittee shall
<br />send written notice of his intention to seek release from bond to adjoining property owners, surface
<br />owners, appropriate local government bodies, municipalities, regional planning commissions, boards
<br />of county commissioners, county planning agencies, sewage and water treatment authorities, and water
<br />conservancy and water conservation districts in the locality in which the surface coal mining operations
<br />took place.
<br />The Application was received at the Division of Minerals and Geology (Division) on September
<br />25, 1997, under Colowyo Coal Company L.P. letter, September 24, 1997, Re: Application for Phase
<br />I Bond Release on 1987 - 1995 Reclaimed Areas Colowyo Coal Company, L.P. (C-81-019).
<br />The permittee has complied with the requirements of Rule 3.03.2(1) with regard to written notices.
<br />The Application was found incomplete on 30 September 1997, and a letter advising the Applicant
<br />of the deficiencies was sent to the Applicant on October 1, 1997. Area descriptions in the public
<br />notice and Application required correction. Written notices were sent to surface owners (Colorado
<br />State Board of Land Commissioners; Bureau of Land Management}, appropriate local government
<br />bodies, municipalities (City of Meeker; City of Craig), regional planning commissions, boards of
<br />• county commissioners (Moffat County Board of County Commissioners; Rio Blanco Board of
<br />County Commissioners), county planning agencies (Moffat County Planning Department, June 24,
<br />1997; Rio Blanco County Planning Department), sewage and water treatment authorities (Meeker
<br />Water Department; Craig Sewage and Water Treatment Department), and water conservancy and
<br />water conservation districts (Colorado River Water Conservation District; Yellow-jacket Water
<br />Conservation District, November 18, 1997) in the locality. A copy of the public notice was provided
<br />in the Application but required correction as stated above. Other than correct precise locations
<br />of lands affected, the notice contained the number of acres of ]and for which the bond release was
<br />sought, the name of the permittee, permit number and date approved, the type and amount of the
<br />bond filed, and the portion sought to be released, the type and appropriate dates of reclamation
<br />work performed, and a description of the results achieved as they relate to the permittee's approved
<br />reclamation plan. The advertisement also stated that written comments, objections, and requests
<br />for a public hearing or informal conference may be submitted to the Division. The notice included
<br />the address of the Division, and the date by which said comments, objections, and request must be
<br />received.
<br />Within the Application, the permittee declared that written notice of intention to seek release from
<br />bond had been sent to adjoining property owners. An example copy of September 24, 1997, and
<br />a correction notice of October 1, 1997, were provided in the Application. Written notices had been
<br />sent to: Bureau of Land Management (BLM); Harry Durham, Jr. Ranch; Tom Kourlis; Jim
<br />• 11 April 27, 1998
<br />
|