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1. PROCEDURES AND SUMMARY OF THE REVIEW PROCESS <br />EFCI applied for Phase I bond release under the Colorado Surface Coal Mining Reclamation Act <br />following reclamation of the Southfield Mine Loadout. The loadout is located in Fremont County, <br />approximately one mile northwest of Florence, and is described as: <br />NW'/< Section 17, NE'/< Section 18 Tl9S R69W of the 6th P.M. <br />An application for Phase I bond release for the loadout area was received by the Division on June 20, <br />1997. The application was deemed incomplete on June 27, 1997, since the Division received proof <br />of publication of the applicant's public notice more than thirty days after its final publication. The <br />notice had been published for four consecutive weeks October 30, 1996 through November 20, 1996. <br />Section 3.03.2(1)(c) requires that proof of publication be submitted to the Division within 30 days of <br />the last publication of the notice. EFCI had notified land owners within and adjacent to the mine <br />permit area, and other interested parties of the application for bond release, as required by Section <br />3.03.2(1) but the notices were sent in October 1996. DMG required EFCI to publish notice of the <br />bond release application and notify landowners and other interested parties again. EFCI published <br />again in The Cation CiryDaily Record the week of July 18, 1997. Required letters of notification were <br />also sent the same week. After receiving copies of the letters and a second proof of publication, the <br />Division deemed the application complete on September 2, 1997. <br />No written objections or requests for an informal conference regarding the bond release application <br />were received by the Division. Comments were received from the Ciry of Florence (City) on August <br />22, 1997. The City informed the Divisionthat a portion of the loadout area is within the proposed Oak <br />Creek Reservoir to be constructed by the Ciry. The City's concerns centered on the possibility of <br />contamination of Oak Creek as well as structures still existing at the loadout. The Divisionresponded <br />to the comments on September 3, 1997. The Division noted that monitoring of water quality and <br />quantity of Oak Creek downstream of the loadout indicates there have been no negative impacts <br />attributable to the loadout operations relative to the parameters measured. The Division also explained <br />that, with the exception of the railroad track, all remaining structures would be removed within the <br />remaining ten yeaz liability period for the loadout area reclamation. The Division informed the City <br />that permanent retention of the tracks had been previously approved. <br />The Division scheduled and conducted a bond release inspection on October 1, 1997. The Division <br />was represented by David Berry and Susan Burgmaier. The site inspection was conducted in <br />accordance with Section 3.03.2(2). Daniel Adamic, a landowner of the majority of the loadout area, <br />was present during the inspection. Mr. Adamic informed DMG that he is pleased with the reclamation <br />work performed at the loadout, and had no objections to the release. The other landowner of the <br />loadout area, The Atchison, Topeka, and Santa Fe Railway Company, was not present during the <br />inspection. Michael Markus, of the City of Florence, attended the inspection. Mr. Markus <br />represented the interests of the City of Florence regarding the proposed Oak Creek reservoir. Mr. <br />SuuthfielJ Mine Phase 1 [fund Release Page 3 <br />