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<br />INTRODUCTION
<br />• This document is the Findings of Compliance leading to a proposed decision by the Colorado
<br />Division of Minerals and Geology (Division) regarding a Partial Phase I Bond Release Application
<br />(Application) filed by the Colowyo Coal Company L,P. (Colowyo) for reclamation accomplishments
<br />at the Colowyo Coal Mine [Colowyo letter, September 24, 1997, Re: Application For Phase I Bond
<br />Release on 1987-1995 Reclaimed Areas Colowyo Coal Company, L.P. (C-81-019)]. The Application
<br />is for release of reclamation liability only, not a return of bond monies. A Phase I bond release
<br />applies to areas where backfilling, regrading and drainage control have been accomplished [see
<br />Rule 3.03.1(2)(a)]. Colowyo also included, in the Application, a request to recognize the
<br />replacement of topsoil over the reclaimed areas. Replacement of topsoil is categorized as a Phase
<br />II activity, see Rule 3.03.I(2)(b}. Therefore, the Division included that portion of Phase II work
<br />of placing topsoil on the reclaimed areas as a part of this Application. Other (remaining) Phase
<br />II activity, none of which is a part of this Application, includes establishment of vegetation which
<br />supports the approved postmining land use, the vegetation cover meets an approved standard, and
<br />where the level of suspended solids being contributed to streamflow or runoff outside the permit
<br />area are less than or equal to either premining levels or levels on adjacent non-mined areas.
<br />Colowyo did not apply for any release for vegetation reclamation or any other part of Phase II
<br />activity, nor did Colowyo apply for any Phase III bond release. Phase III applies to any remaining
<br />bond amount when the pennittee has successfully completed all surface coal mining reclamation
<br />operations in accordance with an approved reclamation plan, final inspection procedures have been
<br />satisfied, and specified periods of time for revegetation have expired.
<br />This Findings of Compliance document contains eight parts: 1) summary of the review process; 2}
<br />criteria and schedule for bond release; 3) procedures for seeking release of performance bond;
<br />4) procedures for objections to the Application; 5) observations and findings; 6) proposed decision,
<br />7) adjudicatory hearing on proposed decision to release; and 8) termination and reassertion of
<br />jurisdiction.
<br />The Colowyo Coal Mine is a surface mine which is permitted and operated by the Colowyo Coal
<br />Company L.P. (also referred to as the Permittee, Applicant, or Owner). The mine is located in
<br />Moffat and Rio Blanco Counties, approximately 28 miles south of Craig, Colorado, between State
<br />Highway 13 and Wilson Creek (see United States Geological Survey 7.5-minute Topographic Map
<br />Quadrangles Axial and Ninemile Gap, Colo). The Permit area encompasses all or parts of Sections
<br />2, 3, 4, 8, 9, 10, 11, 14, 15, 16, 17, 20, 21 and 22 T3N R93W, and Sections 13, 15, 22, 23, 24, 26, 27,
<br />28, 33, and 34 T4N R93W (reference Map 1, Surface Ownership, revised May 1981, Permit). The
<br />areas for which Phase I bond release has been requested are located in Sections 2, 3, 4, 10, 11, 15,
<br />and 16 T3N R93W, and Section 33 T4N R93W (reference Exhibit 1 of the Application, 8/5/97).
<br />The lands for which bond release has been requested are composed of private, state (Colorado)
<br />and federal (managed by the Bureau Of Land Management). The coal which was mined from the
<br />areas was state and federal.
<br />• 5 April 27, 1998
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