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e • • •' i 3 I. PROCEDURES AND SUMMARY OF THE REVIEW PROCESS Oakridge Energy, [nc. applied for liability bond release for the pazcel under the Colorado Surface Coal Mining Reclamation Act following the change of land use at the Carbon Junction Mine. The mine is located in La Plata County, approximately 5 miles SE of Durango, Colorado. The mine area is located in portions of Section 33, T33N, R9W, and Section 33, T34'/zN, T9W. An application for final bond release was received by the Division on November 25, 1996. The application was deemed complete on February 20, 1997, after the Division received correct legal description of the parcel to be released and the appropriate maps and proof of publication of the applicant's public notice. Oakridge Energy, Inc. published notice of the bond release application in the Durango Herald once weekly for four consecutive weeks, beginning September 25, 1996. Oakridge Energy also notified land owners within and adjacent to the mine permit area, and other interested parties of the application for bond release, as required by Rule 3.03.2(1). No comments, written objections, or requests for an informal conference regarding the bond release application were received by the Division. The Division scheduled and conducted a bond release inspection on March 25, 1997. The site inspection was conducted in accordance with Rule 3.03.2(2). II. CRITERIA AND SCHEDULE FOR BOND RELEASE Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be released when the permittee has successfully completed all surface coal mining reclamation operations in accordance with this approved reclamation plan, and the final inspection procedures of 3.03.2 have been satisfied. This shall not be before the expiration of the period specified for revegetation responsibility in 3.02.3." Rule 3.02.3(c) states "For lands with approved industrial or commercial, or residential post-mining land use, the minimum period of liability shall continue until the permittee demonstrates that development of such land use has substantially commenced and is likely to be achieved, and compliance with the revegetation requirement of 4.15.10(2) ... is demonstrated." Rule 4.15.10(2) states: "for areas to be developed for industrial or commercial, or residential use less than two years after regrading is completed, or less than two years after approval of such use, which ever is later, the ground cover of living plants shall not be less than required to control erosion. Final bond release shall not occur prior to satisfactory cover establishment."