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2 was a result of mining. On January 25, 2002, TMI submitted across-section of the reclaimed pits <br />located updip of the Lippard Spring No. 2, provided a graph of the water level in the Lux well, and <br />provided an explanation of why TMI believes that the dimunution of the flow of the Lippard Spring No. <br />2 is not a result of mining. The Division requested additional detail on January 30, 2002. On Mazch 8, <br />2002, TMI submitted additional information regarding mining activities in proximity of the Lippazd <br />Spring No. 2. After review of the information submitted March 8, 2002, the Division finds that the <br />diminution of flow of the Lippazd Spring No. 2 is not a result of mining impacts. Two aquicludes in the <br />stratigraphic sequence act as hydraulic barriers between the pits and the Lippard Spring No. 2. <br />Precipitation for 2001 was somewhat lower than average, which may have lowered the potentiometric <br />surface of the 1 s` White Sandstone aquifer. A drop in only a few feet of the 1 s` White Sandstone auifer <br />potentiometric surface might have resulted in the surface expression of the spring to dry up. <br />Phase II bond release criteria pertains to establishment of vegetation to support the post-mining land use <br />(Rule 3.03.1(2)(b)) and suspended solids contribution to streamflow or runoff outside the permit azea <br />(Rule 3.03.1(3)(b)). Since the Lux's concern regazding water flow of the Lippazd Spring No. 2 was <br />received during the bond release public comment period, the Division investigated this issue within the <br />Phase II bond release process. Final release on the remaining reclamation liability does not occur until <br />the operator meets the requirements of Rule 3.03.1(2)(c) and Rule 3.03.1(4). <br />The Division scheduled and conducted a bond release inspection on November 7, 2001. The site <br />inspection was conducted in accordance with Rule 3.03.2(2). Persons present during the bond release <br />inspection included; Mr. Forrest Luke representing TMI, Mr. Randy Pair of the Office of Surface <br />Mining Reclamation and Enforcement, and Janet Binns of the Colorado Division of Minerals and <br />Geology. The Little Snake Resource Area office of the Bureau of Land Management was notified of the <br />inspection but BLM personnel declined to attend the inspection. Mr. Mazk Davis of the State Land <br />Board was notified of the inspection, but declined to attend the inspection. The land surface within the <br />bond release area is State owned. Coal mined in the associated bond release azea was State lease coal. <br />H. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />PHASEI <br />Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released when the <br />pemvtee successfully completes backfilling, regrading, and drainage control in accordance with the <br />approved reclamation plan." With regazd to Phase I bond release, TMI applied for a partial phase I bond <br />release with SL-Ol. The partial Phase I bond release was approved on February 12, 1998. All lands <br />requested in the current Phase II bond release application, SL-03, were included in the SL-Ol Phase I <br />bond release. <br />PHASE II <br />Rule 3.03.1(2)(b) states, "Up to eighty-five percent of the applicable bond amount shall be released upon <br />Trapper Mine, SL-03, Findings 4 April 19, 2002 <br />