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PROCEDURES AND SUMMARY OF THE REVIEW PROCESS <br />BRI applied for industrial land use bond release and bond release for areas overlying underground <br />workings under the Colorado Surface Coal Mining Reclamation Act, and based on written policy <br />developed by the coal program of the Division of Minerals and Geology in April of 1987. An <br />application for bond release was received by the Division on May 13, 1998. BRI published notice of <br />the bond release application in Chronicle News once weekly for four consecutive weeks, beginning <br />April 8, 1998. The application was deemed complete on May 22, 1998, as BRI filed proof of <br />publication of the public notice concurrent with the application. BRI also notified land owners <br />within and adjacent to the mine permit area, and other interested parties, of the application for bond <br />release, as required by Rule 3.03.2(1). Notifications were generally delivered to landowners and <br />other parties by certified mail between April 16, 1998 and April 23, 1998. As of October 15, 1998, <br />the Division had received no public comment related to this bond release request. <br />The Division scheduled and conducted a bond release inspection on June 17, 1998. The site <br />inspection was conducted in accordance with Rule 3.03.2(2). Kent Gorham represented the Division <br />of Minerals and Geology. Ron Thompson of BRI represented the applicant. Henry Austin of the <br />Office of Surface Mining also attended the inspection. No other interested parties were in <br />attendance for the bond release inspection. <br />CRITERIA AND SCHEDULE FOR BOND RELEASE <br />Rule 3.02.3(2)(c) states, "For lands with approved industrial or commercial, or residential post- <br />mining land use, the minimum period of liability shall continue until the permitiee demonstrates that <br />development of such land use has substantially commenced and is likely to be achieved, and until <br />compliance with the revegetation requirement of 4.15.10(2) or alternative requirements of 4.15.10(3) <br />is demonstrated. " BRI entered into an agreement with Stroud Oil Properties to allow gas extraction <br />from 31 openings into the mine workings. These openings consist of methane de-gas wells, service <br />boreholes, coal exploration boreholes, and ventilation shafts. All of these openings lie above the <br />mine workings, both north and south of Highway 12, as shown on Map 18, titled Apache Canyon <br />Field. Golden Eagle Mine Right of Way -Degas Wells and Roads. <br />In April of 1987, the Director of the Division of Minerals and Geology (formerly Mined Land <br />Reclamation Division) signed a Policy Memorandum regarding the Release from Liability of Areas <br />Overlying Underground Coal Mine Workings, which is re-stated below; <br />The lands above underground coal mine workings are included within the permit boundary, <br />as these [ands may be affected by mining activity. Since these lands are not usually expected <br />to be disturbed, a specific bond is generally not required for these lands. However, if <br />significant subsidence damage is anticipated, the operator has a liability for repairing those <br />lands affected by subsidence. A bond may be necessary in those cases. In the absence of <br />speciftc criteria for releasing these lands jrom liability, it is necessary to esrablisit an <br />appropriate process. This memorandum addresses the process the Division tvil[ use to <br />release such lands from liability and remove theta from the permit area. <br />3 <br />