GENERAL48747

• Permit No: C1981037
• IBM Index Class Name: General Documents
• Doc Date: 7/23/1993
• Doc Name: REQUEST FOR TERMINATION OF LIABILITY & PERFORMANCE BOND RELEASE CORLEY CO NEWLIN CREEK INE PN C-81-0
• From: DMG
• To: CORLEY CO
• Permit Index Doc Type: GENERAL CORRESPONDENCE
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman SI., Room 215
Denver, CO 80203
Phone: [phone]
FA%: [phone]
July 23, 1993
Dr. W.D. Corley, Jr.
The Corley Company
P.O. Box 1821
Colorado Springs, CO 80901
Re: Request for Termination of Liability and Performance Bond Release
The Corley Company, Newlin Creek Mine, Permit No. C-81-045
Dear Dr. Corley:
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Roy Romer
Governor
M¢hael B. Long
Division Dln'.CYOr
Thank you for your letters of June 30, 1993 and July 18, 1993, requesting termination of
liability and release of performance bond(s) at the Newlin Creek Mine. We are sorry to
inform you that the Division cannot comply with your request at this time for the following
reasons:
1. Rule 3.03.1(2)(b) allows up to eighty-five percent of the applicable bond amount
to be released to the nermittee upon the successful establishment of revegetation
in accordance with the approved reclamation plan. This has not as yet been
appropriately demonstrated for the Newlin Creek Mine.
2. Rule 3.03.112)(c) allows the remaining fifteen percent of the bond to be released
only after a permittee has successfully completed all surface coal mining
reclamation operations in accordance with its approved reclamation plan. This
rule goes on to state that this shall not be before the expiration of the liability
period specified for bonds applicable to permits as listed in Rule 3.02.3.
Rule 3.02.3 states that "liability under the bond(s) applicable to a ermit shall be
for the duration of the surface coal mining and reclamation operations, for a
period coincident with the oermittee's responsibility for revegetation
requirements in 4.15 and paragraph (2) below..."
Rule 3.02.3(2)(b) states that "In areas where the annual average precipitation is
twenty-six inches or less, the minimum period of liability shall continue for ten
years." This period has not passed at the Newlin Creek Mine site (emphasis
addedl•
3. Rule 3.03.1(3)(b) states that "No more than sixty percent of the bond shall be
released so long as the lands to which the release would be applicable are
contributing suspended solids to streamflow or runoff outside the permit area in
excess of premining levels determined on adjacent nonmined areas..." This
demonstration has not been made for the Newlin Creek Mine site.