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September I, 1980 (covered under the current statutes). On September 23, 1980, Energy Fuels <br />Corporation requested final bond release on reclaimed areas that were disturbed under Permit <br />M-76-016, and reclaimed in accordance with Colorado Ivtined Land Reclalation Act of 1976. <br />Energy Fuels Corporation requested reclamation liability release on the pre-1980 reclaimed land. <br />Energy Fuels Corp. requested the bond money be applied to the Energy Mine No. 3 permanent <br />program permit. The Ivlined Land Reclamation Board approved the reclamation liability release <br />on February 25, 1981. <br />An underground mine portal face-up, named the Middle Creek Mine, was constructed in a <br />highvvall of a surface strip pit. The location of the Middle Creek Mine portal wasjust to the west <br />of Pond M3-N. Underground development mining commenced in May 1979, at the Middle <br />Creek Mine. Geotechnica] problems were encountered and underground mining ceased in 1980. <br />The underground mine portal development was subsequently backfilled and reclaimed. Surface <br />coal extraction ceased at Energy Mine No. 3 in 1986. <br />The majority of topsoil was stripped prior to 1979. All topsoil stockpiles have been in existence <br />since 1979. Topsoil was salvaged in accordance with the standards of the 1976 Colorado Mined <br />Land Reclamation Act and with the requirements of the interim program regulations promulgated <br />by OSM on December 13, 1977. Topsoil was replaced over most of the regraded areas in 1985, <br />1986, and 1987 (Reclamation Map, 16a.) in accordance with Rule 4.06.4(2). Topsoil <br />replacement depth vazied from 1.5 feet to 2.7 feet depending upon location. All available <br />topsoil, with the exception of topsoil Pile T-I, was redistributed throughout the regraded mine. <br />One topsoil stockpile remains at [he Energy Mine No. 3 area. This remaining topsoil pile, T-l, <br />had originally been slated for redistribution on the Middle Creek office area. The office and pad <br />were subsequently approved, via Technical Revision No. 8, to remain as permanent structures in <br />support of the post-mining land-use in July 1997. The Division stipulated (Stipulation No. 22) <br />that topsoil stockpile T-1 be incorporated into the Foidel Creek Mine permit, for utilization at the <br />Fish Creek Tipple. This stipulation was complied with upon approval of Technical Revision No. <br />31 to the Foidel Creek Mine Permit No. C-82-056 on January 5, 1999. All other topsoil <br />stockpiles have been redistributed throughout the reclaimed mine site. <br />As stated in the permit (Pages 2.05-90 through 2.05-91), "revegetation will be deemed successful <br />when herbaceous cover and productivity on the revegetated area is at least 90 percent of the <br />cover and productivity on the reference area with 90 percent statistical conf dente." Productivity <br />is not a criterion for reclamation success at Phase II evaluation, so productivity was not <br />considered in the evaluation for Phase II success. <br />Reference areas are described on permit pages 2.04-76 through 2.04-79, page 2.05-90, Tables 12 <br />through 15, and Map 7. The reference area vegetation types consist of Dryland Pasture, Native <br />Pastureland, and Alkali Sagebrush pasture. An acreage-weighted approach was used to compare <br />vegetative success of the reclaimed areas to the reference areas. <br />Colorado Yampa Coal Company: M11inc No. 3, SLO? Findings 6/99 a:\COS406?\SLO?fnd dot <br />