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application is applicable aze contributing less suspended solids to runoff outside the permit area <br />(0.022 tons per acre per yeaz) relative to pre-mining levels (0.035 tons per acre per ye-az) as <br />determined using baseline data [Rule 3.03.1(2)(b)]. Two ponds on the mine site have: been <br />approved to remain as permanent structures. These two ponds aze the Dugout Pond and Pand 2. <br />Based upon a review of the mine permit, the applicant's bond release application, anal site <br />inspections, the Division finds that Coors Energy Company has replaced topsoil in accordance <br />with the approved reclamation plan. Coors Energy Company has established vegetation which <br />supports the approved post mine land use and meets the approved success standard for <br />vegetative cover. The Division finds that the reclaimed azea subject to this bond release is not <br />contributing suspended solids to streamflow or runoff outside the permit azea in excess of pre- <br />mining levels using baseline data. <br />IV. PROPOSED DECISION <br />Based on the observations above, the Division proposes to approve Coors Energy Company's <br />request for a Phase II bond release for the Keenesburg Strip Mine. This proposed decision will <br />release the applicant from liability for topsoil redistribution and establishment of Phase lI <br />vegetation in accordance with Rule 3.03.1(2)(b) for the parcels subject to the release. The phase <br />II bond release applies to 53.9 acres consisting of pazcels 1, 3, 8, 14, 18, 21, 24, 26, 27, and 28. <br />PHASE II <br />The original performance bond for the Keenesburg Strip Mine was $4,402,022.00. During <br />evaluation of SL-1, the Division determined at that time that $335,378.00 of the bond was <br />attributed to stmctural demolition costs. Removal of the structural demolition costs resulted in <br />the "applicable bond amount" of $4,066,644.00. The Division released $1,787,113.00 (including <br />$121,823.00 for structural demolition} upon approval of SL-1(a Phase UII bond re[easc:), and <br />$146,955.00 (a Phase I bond release) upon approval of SL-2, in accordance with Rules <br />3.03.1(2)(a) and (b). <br />Applying Rule 3.03.1(2)(b) to the amount of bond eligible for release in SL-3 (a Phase II bond <br />release), up to an additional 25% of the "applicable bond amount" can be released from areas <br />that have previously received phase I bond release. The Division proposes that the original bond <br />amount of $4,402,022.00 to now be the "applicable bond amount" for determining bond release, <br />with no subtraction of structural demolition costs prior to calculating liability release values. <br />C-1981-028, SL-3 7 4118/2006 <br />