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Findings of the <br />Division of Minerals and Geology <br />for the <br />Santa Fe Loadouts No. 1 and 2 <br />Raton Creek Mine, Permit No. C-S2-055 <br />Phase I, II and !II Bond Release Application <br />A. Procedures for Seeking Release of Performance Bond (Rule 3.03.2) <br />Based upon the review process history, the Division finds that the requirements for <br />seeking release of the performance bond for the Santa Fe Loadouts No. 1 and 2 have <br />been met in accordance with Rule 3.03.2. Copies of the written notices as required <br />by Rule 3.03.2(1)(a) were submitted to the Division on September 25, 1995. Proof <br />of publication in accordance with Rule 3.03.2(1)(b) was submitted on October 26, <br />1995. The surface landowner, the Atchinson, Topeka and Santa Fe Railroad, was <br />notified and accompanied the bond release inspection. A site inspection was held <br />in accordance with Rule 3.03.2(2). <br />B. Criteria and Schedule for Release of Performance Bonds (Rule 3.03.1). <br />Phase I: <br />Rule 3.03.1(2)(a) States: <br />Up to sixty percent of the applicable bond amount shall be released when the <br />permittee successfully completes backfilling, regrading, and drainage control in <br />accordance with tl:e approved reclamation plan; <br />Information regarding the loadout facilities is found in permit section 2.06.10. Energy Fuels <br />Mining Company leased the two Santa Fe Loadouts from the Atchinson, Topeka and Santa <br />Fe Railroad. The pre-mining land use of [he loadout sites was industrial and has historically <br />been utilized as a rail car loading facility. The surface landowner has requested that the <br />sites be reclaimed to apost-mining land use of "commercial and industrial". Energy Fuels <br />Mining Company submitted a letter signed by the Assistant Director-Asset Management, of <br />the Atchinson Topeka and Santa Fe Railroad, dated September 16, 1994, verifying the <br />railroad's desire to reclaim the sites to industrial post-mining land use. <br />The loadouts were graded, coal stockpile removed, and loading equipment removed during <br />the summer of 1993. The sites were graded to allow for surface drainage away from the rail <br />tracks in accordance with the approved permit. The Division received a letter dated <br />November 14, 1995 from the Atchinson, Topeka and Santa Fe Railroad stating; <br />The complete regraded configuration and drainage of both loadouts will be <br />acceptable to the Santa Fe when the following is accomplished: <br />