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<br /> <br />Findings of the <br />Colorado Mined Land Reclamation Division <br />for the <br />Colorado Coal Mine No. 1 <br />Phase I Bond Release Application <br />II <br />Procedures for Seeking Release of Performance Bond (Rule 3.02.2) <br />The Division finds that, based on the review process history, the <br />requirements for seeking release of performance bonds as set forth in <br />Rule 3.03.2 have been met. Copies of written notices as required by <br />Rule 3.02(1)(a) have been submitted to the Division. Proof of <br />publication in accordance with Rule 3.02.2(11(b) has also been <br />submitted. A site inspection was held in accordance with Rule 3.03.2(21. <br />Criteria and Schedule for Release of Performance Bonds <br />Phase I - Rule 3.03.1(2)(a) states that "up to 60 percent of the total <br />bond amount applicable to an increment or permit area may be released <br />when the permittee successfully completes backfilling, regrading and <br />drainage control in accordance with the approved reclamation plan." <br />The operator has provided certified maps attesting that the disturbed <br />areas at the pit have been backfilled and graded in accordance with the <br />approved plan. Field investigations by the Division have verified slope <br />gradients. The regraded slopes have not exhibited any instability. The <br />Division therefore finds, in accordance with Rule 4.14.1(2) that the <br />operator has backfilled to insure stability and eliminate all spoil <br />piles, highwalls, and depressions. Backfilled material has been placed <br />to minimize adverse effects on ground water as required by Rule <br />4.14.1(2)(b). The Division also finds that the regraded areas meet the <br />approximate original contour requirements of Rule 4.14.1(2)(a). <br />Drainage control has been accomplished in compliance with the approved <br />plan. Reclaimed channels appear stable. There are no erosion problems <br />on the reclaimed areas. Topsoil has been reapplied and all disturbed <br />areas were seeded during the winter of 1989. Vegetative cover was <br />beginning to become established at the time of the bond release <br />inspection. <br />All buildings and structures have been demolished and removed in <br />accordance with the approved plan. The roads passing through the permit <br />area are county roads for which the operator has no liability. The only <br />remaining reclamation work requiring earthwork is: <br />regrading the upper end of the upland diversion <br />(approximately 350'1; <br />removal and reclamation of two sediment ponds: <br />removal and reclamation of diversion ditches which carry surface <br />runoff to the ponds. <br />-4- <br />