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-3- <br />Findings of the <br />Colorado Mined Land Reclamation Division <br />for the <br />Colowyo Mine <br />Bond Release Application <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 <br />Rule 3,2(1)(a) have been submitted to the Division. Proof of publication <br />in accordance with Rule 3, 03.2(1)(b) has also been submitted. A site <br />inspection was held in accordance with Rule 3.03.2(2). <br />II. Criteria and Schedule for Release of Performance Bonds <br />Phase I - Rule 3.03,1(2)(a) states that "up to 60 percent of the <br />total bond amount applicable to an increment or permit area may be <br />released when the permittee successfully completes backfilling, <br />regrading and drainage control in accordance with the approved <br />reclamation plan." <br />The operator has provided certified maps on an annual basis <br />confirming that the disturbed areas have been backfilled and graded <br />in accordance with the approved plan. Field investigations by the <br />Division have verified slope gradients and topsoil replacement <br />depths. In general, the regraded slopes do not exhibit any <br />instability. The Division therefore finds, in accordance with Ru]e <br />4,14.1(2) that the operator has backfilled to insure stability and <br />eliminate all spoil piles, highwalls, and depressions. In <br />addition, monitoring data indicates that the backfilled material <br />has been placed to minimize adverse effects on ground water and <br />leaching of toxic materials. The Division also finds that the <br />applicable regraded areas meet the requirements of Rule 4,09 for <br />excess overburden fills. <br />Drainage control has been accomplished at all sites in compliance <br />with the approved plan. All reclaimed and reestablished channels <br />appear to be stable. There are no erosion problems in any of the <br />reclaimed areas. <br />B. Phase II - The operator has also requested 85 percent bond release <br />on the areas reclaimed from 1978 - 1985. Rule 3.03.1(2)(b) states <br />that up to "up to eighty-five percent of the total bond amount <br />applicable to an increment or permit area shall be released upon <br />the successful establishment of revegetation in accordance with the <br />approved reclamation plan. Such release shall be based on the <br />costs of reclamation activities including, but not limited to, <br />replacement of topsoil seeding irrigating and fertilizing; and" <br />The operator has provided sampling results that demonstrate that <br />the approved reclamation success standard for cover has been met. <br />In addition, independent sampling by the Division also demonstrates <br />that the reclamation success standard for cover has been met. <br />