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-lo- <br />Proposed Decision <br />Pursuant to CRS 34-33-125(9), the Colorado Mined Land Reclamation Division <br />proposes to approve, in part, the request for bond release at the Meadows <br />No. 1 Mine. The Division is proposing to release bond amounts per the <br />following schedule and requirements. <br />The Division finds, based on the findings contained in this document, that the <br />pit area is eligible for a maximum of sixty percent release for successful <br />completion of backfilling and grading. Additional bond release on the pit <br />area is not warranted, as the operator has not fulfilled the requirements of <br />Rules 3.03.1(2)(b) and 3.03.1(3)(b). Rule 3.03.1(2)(b) requires the operator <br />to demonstrate successful establishment of revegetation in accordance with the <br />approved mine plan. Rule 3.03.1(3)(b) requires the operator to demonstrate <br />that lands subject to release are not contributing suspended solids to <br />streamflow or runoff outside the permit area in excess of pre-mining levels. <br />The Division finds that the haul/access road is not eligible for bond release <br />at this time. The Division finds that Sun Coal Company is not eligible to <br />request bond release on the haul road based on Stipulation 1 - Review and <br />Liability (A) of the Decommission Plan Technical Revision. This stipulation <br />states that "the behavior of the system will be monitored and maintained by <br />the permittee for at least five years following decommissioning." <br />Notwithstanding this stipulation, the Division finds the performance of the <br />road unsatisfactory. The Division has found that the haul road does not <br />currently meet the approved post-mining land use. The Division has also found <br />that components of the road will fail or have failed. These findings are <br />based on complaints by the landowner, geotechnical reports submitted by the <br />operator, and field observations by Division staff. Therefore, in accordance <br />with Stipulation 1 - Maintenance and Mitigation (B) of the Decommission Plan <br />Technical Revision, the Division requires that Sun Coal Company initiate a <br />review of the haul road drainage system and geotechnical stability to <br />determine maintenance needs, alternatives, and/or mitigation. This review is <br />to be performed during the 1986 field season and completed by <br />February 21, 1987, in accordance with Stipulation 1 -Review and Liability <br />(C) of the Decommission Plan Technical Revision. <br />