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,J- <br />•J <br />IIIIII IIII III <br /> III III <br />sas <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />1313 Sherman Si., Room ? I S <br />Denver, Colorado 80203 <br />Phone: 1303) 866 3567 <br />FA%:13031 83 2-81 06 <br />I~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />August 24, 1995 Roy Romer <br /> Govc~no~ <br />John A. Eilts Tame, s. ~oenhea~l <br />Pecmive Director <br />Coal View Ghost Ranch A,icnae~ a. En~F <br />565 Sandrock Avenue Division D~,er~n~ <br />Craig, Colorado 81625-2343 <br />RE: Meadows #1 Mine (C-81-029) <br />Dear Mr. Eilts: <br />The Colorado Mined Land Reclamation Board (Board) received your letter (by facsimile <br />transmittal) dated August 23, 1995. On August 24, 1995, the Board discussed the letter as a <br />"Sunshine Item" in their agenda. During the discussion, the Division provided the Board with <br />information regarding your request. The information provided was as follows. <br />Although the pit area reclamation at the Meadows No. 1 Mine has been in place <br />through the required ten year liability period, Sun Coal Company (Sun) has not <br />yet applied for final bond release. <br />For the Division to release Sun from liability, Sun would have to submit an <br />application for Phase II and III bond release on the site. Along with the <br />application, Sun would have to provide a demonstration, based on two years' <br />monitoring data, that the reclaimed land meets the success standards outlined in <br />the approved permit application package. If Sun conducted the necessary <br />monitoring, and the reclaimed areas met the success standards, the site could be <br />released from bond in a minimum of two years. <br />As the Division and Sun have previously indicated, it is not likely that the <br />vegetation on site presently meets the success standards where woody stem density <br />is concerned. In the past Sun has requested a waiver, by you, from this standard, <br />which you declined. Therefore, Sun has elected not to pursue bond release for <br />the portion of the pit area which you own. <br />Because Sun has neither demonstrated that all reclamation standards have been <br />met or requested final bond release, the Division believes that to honor your <br />request would be contradictory to the Rules and Regulations of the Colorado <br />Mined Land Reclamation Board for Coal Mining (Rules). Specifically, such an <br />action would violate Rules 3.03.1(1), 3.03.1(2}(c), 3.03.1(4), and 3.02.3(2)(6); which <br />pertain to bond release procedures and reclamation liability periods. <br />STATE OF COLORADO <br />~r <br />