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<br />POLICY MEMORANDUM <br />Release from Liability of Areas Overlying Underground Coal Mine Workings <br />The lands above underground coal mine workings are included within the permit <br />boundary as these lands may be affected by mining activity. Since these lands <br />are not usually expected to be disturbed, a specific bond is not generally <br />required for these lands. However, if significant subsidence damage is <br />anticipated the operator has a liability for repairing lands affected by <br />subsidence. A bond may be necessary in those cases. In the absence of <br />specific criteria for releasing these lands from liability, it is necessary to <br />establish an appropriate process. This memorandum addresses the process the <br />Division will use to release such lands from liability and remove them from <br />the permit area. <br />The bond liability period for revegetated areas in Colorado is a minimum of 10 <br />years. The liability period for underground workings need only continue for <br />the duration of mining operations and a reasonable time period thereafter to <br />include full subsidence effects since these areas usually are not <br />revegetated. The Division may release the bond or reclamation liability for <br />underground workings only after all mining in the area is completed and the <br />major subsidence effects, if any, have been manifested. For areas of <br />extraction the liability period shall be a minimum of three years after <br />mining. These timeframes may be adjusted on case by case basis based on <br />subsidence monitoring data, depth of cover, extraction methods, topography, <br />land use, and other relevant information. The liability time frame shall be <br />addressed to the extent possible during the permit review and prior to permit <br />issuance. If revegetation is required because of subsidence damage the <br />operation would be bound to the liability period for revegetated lands as <br />contained in Rules 3.02.3 and 4.15.7(5). <br />All requests for bond release or release of reclamation liability shall be <br />processed in accordance with Rule 3.03. Until a release has been approved, <br />these lands shall remain within the approved permit boundary. The Division <br />shall make written findings in regard to whether such areas shall be released <br />from liability. <br />Signed: ~iL~ ~~ ~ l~C~ <br />Director <br />Ap ri 1 13, 1987 <br />7513E <br />