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1 <br />Introduction <br />This document is the proposed decision of the Colorado Division of <br />Minerals and Geology (the Division) in response to a request for PHASE <br />ONE bond release at the Apex No. 2 Mine, Division file number C-SS- <br />011. The package contains four parts. These include: 1) procedures <br />and summary of the bond release process; 2) criteria and schedule for <br />bond release; 3) observations and findings of the Division regarding <br />compliance with the bond release requirements of the Colorado Surface <br />Coal Mining Reclamation Act and regulations promulgated thereunder; <br />and 4) the Division's proposed decision on the request for bond <br />release. <br />Detailed information about the review process can be found in the Act <br />and the Regulations of the Colorado Mined Land Reclamation Board .for <br />Coal Mining (Regulations). All Rules referenced within this document <br />are contained within the Regulations. Detailed information about the <br />mining and reclamation operations can be found in the permit <br />application on file at the Division offices, located at 1313 Sherman <br />Street, Room 215, in Denver, Colorado. <br />The Apex No. 2 Mine is an underground mine which was permitted and <br />operated by Sunland Mining Corporation. The Apex No. 2 Mine, portal <br />bench area and yard area are located on the pre-law disturbance <br />associated with the Apex No. 1 Mine. The permit area covers 226.7 <br />acres, 4.96 acres of which comprise the surface disturbance area. The <br />surface disturbance area is bisected by County Road 24. The portal <br />bench, former office area and fan area are located on the northwest <br />side of the county road. The portal bench is located directly adjacent <br />to, and approximately twenty feet above, the county road. The former <br />yard area, including the remaining bathhouse structure, and the <br />sedimentation pond are located on the southeast side of the county <br />road. The yard area is within the flood plain of the adjacent Trout <br />Creek, although the yard area sits approximately three feet higher <br />than the creek. An approximately three foot high berm separates the <br />yard area from Trout Creek. <br />The land for which bond release has been requested is privately owned <br />and coal which was mined from the area was federally owned. <br />Reclamation for which bond release has been requested was conducted in <br />1992. <br />