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<br />life. Methane replacement of oxygen in the pore spaces within the soil-rooting zone is causing the <br />oxygen-deficient conditions. However, analysis of the data does not conclusively confirm [he source <br />of the methane. The Division concludes, at this time, there is no[ enough evidence to prove that the <br />mine workings or mine activities conducted by BRI are the direct or indirect cause of the vegetation <br />die-out to the east of the mine on property owned by Mr. Toupal. Information provided [o DMG by <br />the COGCC on October 30, 2000, in the form of infrared aerial photographs, suggests that the area of <br />die-out may have existed [o some extent prior to [he drilling of the two recently abandoned gas wells. <br />Mining in the Golden Eagle mine occurred in the 2 Right entries approximately 1500 feet south of the <br />die-out area in December 1987. The First North Mains were developed 1000 fee[ west of the die-out <br />in June 1988 and continued to [he northwest of the die-out in January 1989. Mining in 2 Right was <br />halted after encountering a fault charged with water and methane gas at approximately 430 fee[ below <br />the surface. Dewatering of the fault by mining and/or dewatering associated with gas production <br />could be a factor in methane liberation to the surface. Regional dewatering of the overburden by both <br />mining and gas production could also cause changes in methane migration to the surface. <br />There is no evidence of vegetation die-out in any of [he reclaimed areas that are the subject of this <br />bond release, nor any other area adjacent to the underground mine workings. Soil monitoring points <br />continue to be monitored periodically by the applicant to determine any changes in methane levels. <br />This bond release does not directly affect or limit the liability of the applicant in the future if the cause <br />of [he methane in the soil was to be linked to [he mine operations. Therefore, the Division finds that <br />the objections by the COGCC and Mr. Toupal do no[ preclude the release of bond as proposed under <br />this written finding. <br />The Tatum complaint, in part, specifically objected to [he reclamation work completed at the NW-I <br />ventilation fan shaft. On November 6, 2000 the Division received written notice from Mr. Thompson, <br />representing BRI, that [he NW- I Bleeder fan site was being withdrawn from [he bond release <br />application due to the lack of substantial vegetation necessary to control erosion. Based upon the <br />withdrawal of the NW-I reclaimed area from the bond release application, [he Tatum's withdrew their <br />objection to the bond release, specific only to the NW-I disturbed area. (FAX received I-25-2001 <br />from Walton D. Morris, Jr.) Subsidence related complaints do no[ form a basis for DMG to deny this <br />bond release. However, the Division has issued an enforcement action (CV-2000-009) pursuant to <br />the subsidence issue and has required that BRI comply with Colorado S[a[e laws and regulations <br />requiring compensation. Therefore, the Division finds the Tatum complaint would not preclude [he <br />release of bond under this application. <br />SUMMARY <br />In conclusion, BRI has submitted the proper documentation verifying that the 51.26 acres labeled A-R <br />as depicted on Figure A-I of the application meet [he requirements for a Phase II bond release. Office <br />review of the data and field inspection support the contention of the applicant [hat appropriate <br />vegetation cover has been established and erosion has been demonstratively controlled. The <br />difficulty in completing any remaining reclamation is low. All earthwork proposed under the <br />reclamation plan has been completed. Interseeding and/or reseeding of areas can be easily <br />accomplished if necessary and available, remaining bond dollars far exceed the cost of this potential <br />work. <br />8 <br />