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<br /> <br />Findings of the <br />Colorado Mined Land Reclamation Division <br />for the <br />Chimney Rock Mine <br />Phase I Bond Release Application <br />II <br />Procedures for Seeking Release of Performance Bond (Rule 3.02.2) <br />The Division finds that, based on the review process history, the <br />requirements for seeking release of performance bonds as set forth in <br />Rule 3.03.2 have been met. Copies of written notices as required by Rule <br />3.03.2(1)(a) have been submitted to the Division. Proof of publication <br />in accordance with Rule 3.03.2(1)(c) has also been submitted. A site <br />inspection was held in accordance with Rule 3.03.2(2). <br />Criteria and Schedule for Release of Performance Bonds <br />Phase I - Rule 3.03.1(2)(a> states that "up to sixty percent of the <br />applicable bond amount shall be released when the permittee successfully <br />completes backfilling, regrading, and drainage control in accordance with <br />the approved reclamation plan." <br />The operator has provided certified maps attesting that the disturbed <br />areas at the pit and tipple areas have been backfilled and graded in <br />accordance with the approved plan. Field investigations by the Division <br />have verified slope gradients. The regraded slopes have not exhibited <br />any instability. The Division also finds, in accordance with Rule <br />4.14.1(2>(a) that the operator has backfilled all spoil to the degree <br />that stability has been insured and that spoil piles, highwalls, and <br />depressions have been eliminated. Backfilled material has been placed to <br />minimize adverse effects on ground water as required by Rule <br />4.14.1(2)(b). The Division therefore finds that the regraded areas meet <br />the approximate original contour requirements of Rule 4.14.1(2)(a>. <br />Drainage control has been accomplished in compliance with the approved <br />plan. Reclaimed channels appear stable. There are no erosion problems <br />on the reclaimed areas. Topsoil ha s. been applied and all disturbed areas <br />were seeded. Vegetative growth is beginning to appear on the Revision 1 <br />area seeded in the Fall of 1991 and the growth on the AVF area shows <br />ecnouraging success. <br />As requested by the landowner, and approved by the Division, several <br />facilities and roads remain. These include: two shop buildings, two <br />trailers, a concrete pad, truck turnaround, improved access road to the <br />facilities area, and access roads to the East Pit and Stollsteimer Creek. <br />