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repairing those lands affected by subsidence. .9 bond maybe necessary in those cases. In <br />the absence of specific criteria for releasing these lands from liability, it is necessary to <br />establish an appropriate process. This memorandum addresses the process the Division <br />will use to release such lands from liability and remove them from the permit area. <br />The bond liability period for revegetated areas in Colorado is a minimum of IO years. <br />The liability period for tmdergrotmd workings need only continue for the duration of <br />mining operations and a reasonable time period thereafter to include full subsidence <br />effects since these areas usually are not revegetated. The Division may release the bond <br />or reclamation liability for the underground workings only after all mining in the area is <br />completed and the major subsidence effects, if any, have been manifested. For areas of <br />extraction, the liability period shall be a minimum of three years after mining. These time <br />frames may be adjusted on a case by case basis, based on subsidence monitoring data, <br />depth ojcover, extraction methods, topography, land use, and other relevant information. <br />The liability time frame shall be addressed to the extent possible during the permit review <br />and prior to permit issuance. If revegetation is required because of subsidence damage, <br />the operation would be bound to the liability period for revegetated lands as contained in <br />Rules 3.01.3 and x.15.7(5). <br />All requests for bond release or release of reclamation liability shall be processed in <br />accordance with Rule 3.03. Until a release has been approved, these lands shall remain <br />within the approved permit boundary. The Division shall make written findings in regard <br />to whether such areas shall be released from liability. <br />OBSERVATIONS AND FINDINGS <br />Extensive mining, using both conventional room and pillaz ,and longwall techniques, took <br />place between the early 1950's and the late 1980's, south of Highway 12 at the New Elk <br />Mine. The mine plan is depicted on Map 22, Mine Proeress, of the approved permit <br />application. Mining of coal ceased entirely at New Elk in 1989. The subject lands <br />therefore meet the criteria of a minimum liability period of three yeazs after mining, in <br />accordance with Division policy. The proposed release azea is located south of the green <br />dashed line depicted on Figure 1 submitted with the application. This azea includes both <br />longwall and room and pillaz mined azeas. No structures or renewable resources lands <br />exist in this azea. These lands can be categorized as rangeland/wildlife habitat. During <br />the field inspection, azeas of subsidence due to longwall mining were observed where <br />bounded by unmined coal. No positive indications of subsidence impacts could be <br />identified. Apache Canyon is an ephemeral stream which bisects this azea. Numerous, <br />steep ephemeral tributazies to Apache Canyon also cross this area. Evidence of high flows <br />in Apache Canyon was apparent due to lazge rainfall events during the months of July and <br />Page 4 of 6 <br />