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<br />release application, generally between April ] 6, 1998 and April 23, 1998. Copies of the landowner <br />notifications were included with the Phase ^ application. <br />As a result of these notifications, three written objections to the bond release were received by the <br />Division. The first was filed by landowners, Jim and Ann Tatum, owners of a residence west of the <br />main reclaimed area at the mine. The objection was received on September 11, 2000 and identified <br />continuing subsidence damage to their residence and broken water lines caused by past underground <br />mining operations. The second objection was received by the Division on October 4, 2000 from the <br />Colorado Oil and Gas Conservation Commission (COGCC). This objection specifically addressed <br />on-going methane contamination in a rangeland area some 500-2000 feet horizontally east of the <br />Golden Eagle mine workings. The third objection was from Mr. John Toupal, [he landowner of a <br />large portion of the area affected by [he methane contamination in the soils. Mr. Toupal's written <br />objection was received by FAX on October 4, 2000 and objected [o release of bond until the cause of <br />the methane contamination could be determined. <br />On October 1 1, 2000 [he Division received further written comments specific to the Tatum objection. <br />One area of concern was identified as the "methane well site" and [he reclamation of same. Ms. <br />Tatum believes the site in its "present condition is a danger [o everyone in close proximity and <br />reduces the value of (the) property tremendously." For clarification purposes, the site is not a <br />methane well site but is a former ventilation shaft (NW-1 bleeder fan) on Tatum property north of <br />Highway 12 and east of Santistevan Canyon that has been permanently closed, sealed and reclaimed. <br />The Division scheduled and conducted two bond release inspections, one on October 12, 2000 and <br />another on October 25, 2000. The inspections were conducted in accordance with Rule 3.03.2(2). <br />During the firs[ inspection. Kent Gorham represented the Division. Ron Thompson of Peak Project <br />Management represented the applicant, BRI. Henry Austin of the Office of Surface Mining (OSM) <br />also attended the inspection. No other interested parties were in attendance for the first bond release <br />inspection. Ms. Tatum indicated she could no[ attend the first inspection due to scheduling conFlicts. <br />The inspection focused on reclaimed lands at the main site location, former pond 2 area, lower <br />Apache fan site, former pond 3 and pond 5, NW-1 bleeder fan site, and the area of methane <br />contamination in [he soil. All reclaimed areas appeared well vegetated, although the growing season <br />had effectively ended for the year. The NW-1 bleeder fan reclamation was an exception. This area <br />was poorly vegetated, likely due to extremely dry conditions that prevailed throughout most of the <br />growing season. A few small grasses and annual weeds were present. Mulch was noted on the site <br />and provides some protection from erosion until vegetation becomes better established. The operator <br />discussed possibly re-seeding this area in anticipation of more favorable growing conditions. Mr. <br />Thompson discussed the possibility of removing this area from the bond release request due to [he <br />poor vegetation. <br />The October 25, 2000 inspection was conducted by David Berry of the Division. Ann Tatum, <br />landowner, was also present. During the second inspection, the NW-I bleeder fan site was observed <br />and Ms. Tatum's objection was discussed. <br />The area of methane contamination, subject of Mr. Toupal and the COGCC objections was also <br />visited during [he October 12, 2000 field inspection. The vegetation die-out appears similar in size <br />and appearance [o previous inspections conducted over [he last several years. The two gas wells <br />formerly located in this area of Mr. Toupal's pasture were reclaimed two days prior to the inspection. <br />6 <br />