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<br />bond release reduced the reclamation liability by $676,874.00, or sixty percent (60%) of
<br />$1,128,124.00. This left $477,085.00 in reclamation cost liability ($451,250.00 + $8,414.00 +
<br />$ l 7,421.00). This Phase I bond release did not include the N W- l vent shaft area. The two vent
<br />shafts in Apache Canyon were also not included in the Phase 1 bond release as they were still
<br />formally included in the New Elk mine permit (#C-81-O12) at that time.
<br />SL-02 Industrial Release and release of areas overlying workings
<br />Surety Release No. 2 (SL-02) consisted of two parts; an Industrial land use bond release and a
<br />release of areas that overlie underground workings south of Highway 12. SL-02 was approved on
<br />October 16, 1998. SL-02 requested release of bond attributable to areas with an approved post-
<br />mining land use of industrial (gas extraction), that included the Third North ventilation site. The
<br />calculated reclamation cost liability for these areas was $128,911.47. One site, NW-I, or the
<br />Bleeder Return, was excluded from this bond release because the proper documentation, required by
<br />Stipulation 76 for this site, was not submitted to the Division. The estimated cost of reclamation at
<br />the Bleeder Return ($17,421.00), when subtracted from $128,91 1.47, left a final amount requested
<br />for release under SL-02 of $ I 11,490.00. Upon approval of SL-02, $365,595 remained ($477,085 -
<br />$ I 11,490). No bond monies were associated with the second part of SL-02 for areas that overlie
<br />underground workings. Also during SL-02, the two Apache Canyon vent shaft disturbances were
<br />incorporated into the Golden Eagle mine permit, although their reclamation costs were not specified.
<br />The Division believes the remaining bond amount to be more than adequate to cover any additional
<br />reclamation work associated with the Apache canyon disturbances.
<br />SL-03 Phase lI (for m~ority of disturbed area)
<br />This bond release application (SL-03) proposes to reduce the required bond amount by $192,501,
<br />leaving $173,094, or 15% of the original bond ($1,153,959) for reclamation of Golden Eagle. (l5%
<br />X $1,153,959 = $173,094).
<br />Application Pre-release liability Post-release liability Comments
<br />Phase I (SL-Ol) $1,153,959 $477,085 $676,874 released
<br />Industrial (SL-02) $477,085 $365,595 $ I 11,490 released
<br />PhaseIl(SL-03) $363,595 $173,094 l5%of$1,153,959remains
<br />PROCEDURES AND SUMMARY OF THE REVIEW PROCESS
<br />BRI applied for a Phase II bond release (SL-03) under the Colorado Surface Coal Mining
<br />Reclamation Act. An application for bond release was received by the Division on September 1,
<br />2000. BRI published notice of the bond release application in a local newspaper, the Chror:ic(e
<br />News, once weekly for four consecutive weeks, beginning August 22, 2000. The operator sent to the
<br />Division via FAX proof of publication of the required notice on September l5, 2000 and
<br />subsequently, the Division called the application complete on September l8, 2000. BRI notified
<br />landowners within and adjacent to the mine permit area and other interested parties, of the filing of
<br />the application for bond release, as required by Rule 3.03.2(1). Notifications were delivered to
<br />landowners and other parties were delivered by certified U.S. Mail prior to the submittal of the bond
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