Laserfiche WebLink
2005, along with the proof of publication. The Division called the application complete on <br />October 13, 2005. <br />No objections were received by the Division regarding the bond release. The bond release <br />inspection was scheduled and held on November 2, 2005. The Division of Wildlife, Office of <br />Surface Mining (OSM), and the operator were notified via a-mail on October 27, 2005 of the <br />upcoming bond release inspection. Due to other commitments, none of the parties were able to <br />attend the inspection. <br />The Division issued the written bond release inspection document on November 7, 2005. The <br />results of that inspection are incorporated by reference in this written finding. A copy of the <br />inspection report was mailed to the operator. <br />OBSERVATIONS AND FINDINGS <br />Based on the Division's field inspection and review of the bond release application, the Division <br />believes that the two Apache Canyon ventilation shaft areas meet all requirements for full bond <br />release for lands where the approved land use is industrial. Field inspection documents that the <br />sites have been reclaimed and revegetated to the extent necessary to control erosion, as required <br />by Rule 4.15.10 (2). The industrial use has been implemented at both of the sites. <br />The current approved reclamation liability amount is $151,832.14. Should this bond release <br />request of $9,939.65 be approved and the reclamation bond reduced to $141,892.49, the <br />remaining bond will be adequate to complete the remainder of the reclamation work required at <br />this site in the event of forfeiture. <br />SUMMARY <br />In conclusion, BRI has submitted the proper documentation verifying that the 1.15 acres at the <br />two Apache Canyon ventilation shafts have been reclaimed to the approved post-mining land use <br />of industrial. Office review of the data and field inspection support the contention of the <br />applicant that the reclamation work completed is in accordance with the approved plan. <br />Based on the observations and findings as detailed above, the Division proposes to approve <br />Basin Resources request for a Phase UII/III bond release (SL-OS) for those 1.15 acres that <br />constitute the two Apache Canyon ventilation shaft areas. The reclamation liability will be <br />reduced by $9,939.65, which when subtracted from the current reclamation liability amount of <br />$151,832.14, leaves $141,892.49 as the required amount of performance bond to be held by the <br />Division and the State of Colorado. <br />Public notice of this proposed decision will be published once a week for two weeks in the <br />Chronicle-News as soon as possible. Any person with a valid legal interest, which might be <br />adversely affected by this proposed decision, may request a formal public hearing before the <br />Mined Land Reclamation Board in accordance with Rule 3.03.2(6). Requests for public hearing <br />must be submitted to the Division in writing within thirty days of the first publication of the <br />public notice. If no hearing is requested, the Division's decision will become final. <br />