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Rule 3.02.3(2)(c) allows for a liability period less than ten years provided: <br />For lands with approved industrial or commercial, or residential post-mining land use, <br />llte minimum period of liability shall continue until the permittee demonstrates that <br />development of such land use has substantially commenced and is likely to be achieved, <br />and until compliance with the revegetation of 4.15.10(2) or alternative requirements of <br />4.15.I0(3) is demonstrated. <br />The Santa Fe Loadouts had been developed as a rail loading yard prior to Energy Fuels <br />permitting them as coal loading facilities. The rail line is still actively used with lumber <br />industry loading of logs currently conducted at the northern portion of the Santa Fe Loadout <br />No. 2. Communication with the landowner, Atchinson, Topeka and Santa Fe Railway <br />indicates the loadout sites will continue to be utilized as rail loading facilities. <br />Proposed Decision for Phase III Bond Release <br />Based on the findings in this document, the Division finds that the Santa Fe Loadouts No. <br />1 and 2 are eligible for the requested 100 percent bond release for the successful completion <br />of all surface coal mining reclamation operations in accordance with the approved <br />reclamation plan, as required by Rule 3.03.1(4). A site inspection and notifications were <br />conducted in accordance with Rule 3.03.2. The original bond amount allotted to <br />reclamation of the Santa Fe Loadouts was $8,963.00. The Division finds the requirements <br />of Rule 3.03.1(2)(a) have been met and proposes release up to sixty percent of the <br />$8,963.00. The Division finds the requirements of Rule 3.03.1(2)(b) have been met and <br />proposes to release up to eighty-five percent of the original $8,963.00, which would leave <br />$1,344.00. The Division finds the requirements of Rule 3.03.1(2)(c) have been met and <br />proposes to release one-hundred percent of the $8,963.00 reclamation bond liability assigned <br />to reclaim the Santa Fe L.oadout No. 1 and 2. <br />Energy Fuels Mining Company should amend the current bond to reflect a decrease in the <br />amount of $8,963.00. This amendment may be in the form of a rider to the original bond, <br />corporate surety no. 12-30-17, drawn on National Union Fire Insurance Company of <br />Pittsburgh, PA. <br />