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I. PROCEDIIRES AND SUMMARY OF THE REVIEW PROCESS <br />Sunland Mining Corporation applied for partial bond release under the <br />Colorado Surface Coal Mining Reclamation Act following reclamation of <br />the Apex No. 2 Mine. The mine is located in Routt County, Colorado. <br />The mine area is located in the SW1/4 of the SW1/4 Section 22, T4N, <br />R86W, 6th P.M. <br />An application for Phase One bond release was received by the Division <br />on August 30, 1995. The application was deemed complete on September <br />14, 1995, after the Division received proof of publication of the <br />applicant's public notice. Sunland Mining Corporation published <br />notice of the bond release application in The Steamboat Pilot once <br />weekly for four consecutive weeks, beginning July 20, 1995. Sunland <br />Mining Corporation also notified land owners within and adjacent to <br />the mine permit area, and other interested parties of the application <br />for bond release, as required by Rule 3.03.2(1). <br />No comments, written objections, or requests for an informal <br />conference regarding the bond release application were received by the <br />Division. <br />The Division scheduled and conducted a bond release inspection on <br />October 24, 1995. The site inspection was conducted in accordance <br />with Rule 3.03.2(2). However, due to scheduling difficulties, the bond <br />release inspection was held 40 days after completeness. Present at the <br />bond release inspection were Joe Dudash and David Berry of the <br />Colorado Division of Minerals and Geology, Henry Austin of the Office <br />of Surface Mining, Greg Lewicki of Greg Lewicki and Associates, <br />representing the operator, Janet Hook of the Bureau of Land Management <br />and Bernard Knott, the surface landowner of the land that had been <br />disturbed by surface operations. The other surface owners had been <br />notified of the bond release inspection, via certified mail, but none <br />elected to participate in the inspection. <br />During the bond release inspection, several adequacy questions were <br />raised: <br />1. The barrier on the west ramp to the portal area needed to be <br />replaced. The operator had removed the barrier for access to the <br />portal bench. The barrier was replaced by the next inspection. <br />2. There was one section of the permanent ditch, on the hillslope <br />above the former office location, where the geo-textile lining <br />needed better anchoring. The operator performed the maintenance <br />work by the next inspection. <br />3. The landowner, Bernard Knott, requested that the access road <br />to the bathhouse be retained, with a wider turn area near the <br />bathhouse entrance. He also requested that the gravel material <br />