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I. PROCEDURES AND SUMMARY OF THE REVIEW PROCESS <br />Sun Coal Company applied for a complete bond release for the facilities area, as <br />provided for in the Act, subsequent to final reclamation of that area. The mine is located <br />in Routt County on State Highway 40, approldmately five miles southwest of Milner, <br />Colorado. The mine area is located in portions of Sections 14, 23, 24, 25, and 26 of <br />Township 6 North, Range 87 West of the 6th Principal Meridian. The land within the <br />permit area is owned by John A. and Allie M. Eilts (114 acres) and Grassy Creek Coal <br />Company (76 acres). <br />No bond release has previously been granted for any portion of the facilities area. <br />Therefore, the application was reviewed and findings made herein for all phases of bond <br />release for the facilities area of the mine. <br />An application for Phase III bond release at the facilities area was received by the <br />Division on September 11, 1995. The application was deemed complete on November <br />3, 1995, after the Division received proof of publication of the applicant's public notice. <br />Sun Coal Company published notice of the bond release application in the Steamboat <br />Pilot once weekly for four consecutive weeks, beginning September 21, 1995. Sun Coal <br />Company also notified land owners within and adjacent to the mine permit area, and <br />other interested parties of the application for bond release, as required by Rule 3.03.2(1). <br />No comments, written objections, or requests for an informal conference regarding the <br />bond release application were received by the Division. <br />The Division scheduled and conducted a bond release inspection on November 6, 1995. <br />The site inspection was conducted in accordance with Rule 3.03.2(2). Bryan Archer, of <br />Sun Coal Company, and his consultant Michael Savage were present during the <br />inspection. John Eilts, who owns the area subject to the release also attended the <br />inspection. <br />At the beginning of the inspection, Mr. Eilts gave the inspectors a letter stating his <br />satisfaction with the reclamation of the entire permit area, indicating that he did not want <br />the Division to impose requirements for trees and/or shrubs on the pit area. At the close <br />of the inspection, however, he presented another letter to the Division stating that he <br />intended to "seek damages in the amount of $170,000.00", and that part of that sum may <br />be sought from "individuals in the departments involved." The letter included a list of <br />eleven actions the Division allegedly failed to take, such as restoring water rights, <br />reclaiming the haul road, and restoring the air£eld; none of which mentioned the <br />facilities area. Each of the items had been brought to the Division's attention at least <br />once over the past 15 years. There were no concerns that had developed since Mr. Eilts <br />Mwdows No. 1 Mine 3 Phan 111 Bond Relrase <br />