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.. Introduction <br />This document presents the results of a review conducted by the Division of Minerals and <br />Geology (DMG) of a Phase I Bond Release Request filed by the Ken Coal Company for <br />the Marr Mine. Criteria and schedules for performance bond releases are found in Section <br />3.03, "Release of Performance Bonds," of the Regulations of the Colorado Mined Land <br />Reclamation Boazd for Coal Mining. Phase I Bond Release requests may be filed by <br />pennittees when backfilling, regrading and drainage control aze completed in accordance <br />with approved reclamation plans. Kerr Coal Company filed its Phase I Bond Release <br />Request with DMG on April 21, 1994. <br />The Marr Mine is a surface coal mine located approximately ten miles east of the town of <br />Walden in Jackson County, Colorado. Kerr Coal Company's.April 21, 1994 Bond Release <br />Request addressed reclamation that had been performed in two distinct extraction areas at <br />the mine known as the 720 Pit and Pit 1. These two areas aze principally in Section 2, <br />T8N, R78W and Sections 26 and 35, T9N, R78W, 6th P.M., in Jackson County. These <br />two areas were addressed separately by DMG, with a proposed decision regarding the <br />release of reclamation liability at the 720 Pit occurring on June 13, 1995, and the decisions <br />regarding the reclamation liability of Pit 1 occurring herein. <br />Disturbed areas associated with the Marr Mine permit that are not addressed in this <br />proposed decision aze those areas disturbed prior to August 3, 1977, (the "pre-law Marr <br />Strip"), the mine site office and shop facilities azea, the off-site railroad loadout south of <br />Walden, Colorado, and the 720 Pit. The reclamation plans approved under the current <br />Marr Mine permit require backfilling, regrading, and drainage and sediment control of the <br />office and facilities area, the loadout, and the 720 Pit; as such, decisions regarding the <br />release of performance bond monies associated with these areas are not addressed herein. <br />Excluded also from this proposed decision are discussions regarding performance bond <br />monies associated with the reclamation of existing sediment control structures required to <br />remain at this time. <br />Pit 1 lies in the center of the south half of Section 26, T9N, R78W. It comprises an area <br />of approximately 48 acres. Pit 1 was created when the operator, Kerr Coal Company, <br />mined through an east-west trending hill in a general north-south direction. Pit 1 has an <br />east-facing inslope on the west side of the pit, and awest-facing inslope on the east side of <br />the pit. The floor of Pit 1 is generally above the elevation of the undisturbed topography <br />north of the pit. Mining originally left the north and south ends of Pit 1 open (or "day- <br />lighted"). A revised reclamation plan led to the construction of a small east-west ridge in <br />the southern end of the pit. <br />II. Criteria and Schedule for Release of Performance Bonds <br />The Criteria and Schedule for Phase I Bond Releases are found in Section 3.03.1 of the <br />Board's Regulations. Section 3.03.1(2)(a) states, "Up to sixty percent of the applicable <br />amount (of a performance bond) shall be released when the permittee successfully <br />completes backfiliing, regrading, and drainage control in accordance with the approved <br />reclamation plan." With regazd to Phase I Bond Release for the Pit 1 area, the approved <br />reclamation plan calls for the following: <br />