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<br />area was achieved in late 1994.
<br />On May 26, 1993 Landmark Reclamation, Inc. submitted an application for Phase I bond
<br />release for backfilling and grading of the west pit. Public notice of the bond release
<br />request was not published until August 6, 13, 20, and 27, 1993. The public notice was
<br />amended, then re-published on August 31, September 1, 2, 3, 1993 to request a release
<br />of an additional $12,400.00. On September 24, 1993, the Division found the application
<br />incomplete due to the change in the public notice and failure to publish this change for
<br />four successive weeks as required by Rule 3.03.2(1)(c). A corrected public notice was
<br />then published in The Chronicle-News, a local newspaper of general circulation in the
<br />Trinidad area. Publishing dates were September 28, October 5, 12, and 19, 1993. The
<br />Division found the application for Phase I bond release complete on November 2, 1993.
<br />The Division conducted a bond release inspection on November 12, 1993. Parties
<br />present at the bond release inspection included representatives of the Division and Mr.
<br />Mark Kerr representing the operator, Landmark Reclamation, Inc. The permittee, Mrs.
<br />Gloria Davis, waived her right to attend the inspection. Mrs. Davis was also the surface
<br />landowner at the time of the bond release request. The Office of Surface Mining,
<br />Albuquerque Field Office, declined to attend the inspection but informed the Division of
<br />their plan to schedule an inspection at a later date. A representative of OSM-AFO
<br />conducted an inspection on December 1, 1993, coincident with a complete inspection
<br />conducted by the Division. The Division proposed to approve a partial release of 50% of
<br />the original bond amount on December 14, 1993. A portion of the requested release
<br />was retained due to the failure of the operator to complete grading operations on an oil
<br />containment area. The Division proposed release of $31,000.00. On January 26, 1994
<br />the permittee was notified that the Division's Phase I Bond Release decision was final.
<br />On February 10, 1994 the operator, Landmark Reclamation, Inc. submitted to the
<br />Division a new bond for Rimrock Coal Company, in the form of a Corporate Surety, for
<br />$31,000.00 The bond, No. 124169933, is underwritten by American Casualty Company
<br />of Reading, PA. The Division approved the replacement bond on February 14, 1994,
<br />and released the original Letter of Credit from Norvvest Bank of Denver.
<br />According to the RN-02 application, the mine actually disturbed 6.93 acres. As a result
<br />of RN-01, the sediment pond and the road disturbance are approved to remain as
<br />permanent features, a combined disturbance of 1.57 acres. Therefore, the actual
<br />disturbance associated with the phased bond release process and ten (10) year liability
<br />period is 5.36 acres. No further disturbance is anticipated. The permit term will be five
<br />years.
<br />Findings of the Colorado
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