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Findings of the <br />Colorado Division of Minerals and Geology <br />for the <br />Southfield Mine <br />Phase I and Phase II Bond Release <br />I. Procedures for Seeking Release of Performance Bond (Rule <br />3.02.2) <br />The Division finds that, based on the review process history, <br />the requirements for seeking release of performance bonds as <br />set forth in Rule 3.03.2 have been met. Copies of written <br />notices as required by Rule 3.02(1)(a) have been submitted to <br />the Division. Proof of the publication in accordance with <br />Rule 3.02.2(1)(b) has also been submitted. A site inspection <br />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 sixty percent <br />of the applicable bond amount shall be released when the <br />permittee successfully competes backfilling, regrading and <br />drainage control in accordance with the approved reclamation <br />plan." <br />Phase II - Rule 3.03.1(2)(b) states that "up to eighty-five <br />percent of the applicable bond amount shall be released upon <br />the successful establishment of revegetation in accordance <br />with the approved reclamation plan. Such release shall be <br />based on the costs of reclamation activities, including but <br />not limited to replacement of topsoil, seeding, irrigating <br />and fertilizing." <br />Phase III - Rule 3.03.1(2)(c) states that "the remaining <br />portion of the bond amount shall be released when the <br />permittee has successfully completed all surface coal mining <br />reclamation operations in accordance with this approved <br />reclamation plan, and the final inspection and procedures of <br />3.03.2 have been satisfied. This shall not be before the <br />expiration of the period specified for revegetation <br />responsibility in 3.02.3." <br />Bond Adjustment - Rule 3.02.2(4) states "the amount of the <br />performance bond required shall be adjusted for good cause as <br />affected land acreages are increased or decreased or when the <br />cost of future reclamation changes including the cost of <br />abating any violation for which a notice of violation has been <br />