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refuse was transported by conveyor over Highway 12 and deposited in the RDA north of the highway. Pond cleaning material and small quantities of rock will not be added to the RDA, but will be added to the original refuse pile, now referred to as the Development Waste Pile (DWP) southwest of the main mine entrance. CRITERIA AND SCHEDULE FOR BOND RELEASE Rule 3.03.1(2)(a) states that up to 60% of the applicable bond shall be released when the permittee successfully completes backfilling, grading, and drainage control in accordance with the approved reclamation plan. Reclamation Bond History One bond release has been previously approved for the New Elk mine. Surety Release SL-01 (SL-01) was approved in October 1998. This bond release request did not ask for release of bond monies held by the Division but instead requested release of liability for 3233 acres of lands overlying old underground workings mainly in Sections 25, 26, 35, and 36 in T33S R68W of the 6th principle meridian. This release was conducted and approved in accordance with written Division policy and Rule 3.03. Included in this released area were two small areas of surface disturbance, the Apache Canyon ventilation shafts, which were transferred to the Golden Eagle mine permit, #C-81-013 and recently bond released under industrial use criteria. The resulting permit area after approval of SL-01 was about 900 acres, identical to the current permitted area. PROCEDURES AND SUMMARY OF THE REVIEW PROCESS Peak Project Management (PPM) submitted this Phase I bond release request (SL-02) on behalf of Picketwire Processing, LLC. (Picketwire). During review of the application, New Elk Coal Company, LLC submitted an application for transfer of permit #C-81-012. Also in progress at that time was a Surety Increase (SI-01) initiated by the Division, requiring that the current permittee submit additional bond money to cover the estimated cost of reclamation. The bond release request was received by the Division on April 15, 2005. The application was called complete on June 9, 2005. A proposed public notice was included and, following review by the Division, the applicant was notified to publish the notice following minor text changes. Picketwire published notice of the bond release application in a local newspaper, the Chronicle News, once weekly for four consecutive weeks, beginning April 25, 2005. Notifications were mailed to landowners and other parties, including the Las Animas County commissioners and Las Animas County Planner, by certified, U.S. Mail on May 6, 2005. Copies of the landowner notifications as required by Rule 3.03.2(1), along with certified receipts, were received by the Division on May 31, 2005. The Division called the application complete on June 9, 2005. As a result of the public notice, the Division received one request for an informal conference to the bond release on May 17, 2005 from Las Animas County. The Las