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-4- <br />Findings of the <br />Colorado Mined Land Reclamation Division <br />for <br />The Meadows No. 1 Mine <br />Bond Release Applications <br />This section contains the findings of the Division pursuant to the Meadows <br />No. 1 Mine bond release requests. <br />I. Procedures for Seeking Release of Performance Bond (Rule 3.02.2) <br />The Division finds that, based on the review process history, the requirements <br />for seeking release of performance bonds as per Rule 3.03.2 have been met. <br />Copies of written notices in accordance with Rule 3.02(1)(a) have been <br />submitted to the Division. Proof of publication in accordance with <br />Rule 3.02.2(1)(b) has also been submitted. A site inspection was held in <br />accordance with Rule 3.03.2(2). A request for informal conference was <br />received within 30 days, as per Rule 3.03.2(3). The conference was held in <br />accordance with all the requirements of Rule 3.03.2(4). <br />II. Criteria and Schedule for Release of Performance Bonds - Pit Area <br />A. Phase I - Rule 3.03.1(2)(a) state<.~ that "up to 60 percent of the <br />total bond amount applicable to an increment or permit area may be released <br />when the permittee successfully completes backfilling, regrading, and drainage <br />control of a bonded area in accordance witFi the approved reclamation plan." <br />The operator has provided certifications requested by the Division attesting <br />that the pit area has been backfilled and graded in accordance with the <br />approved plan. In addition, field investigations by the Division have <br />verified slope inclinations, and have not identified any instability in the <br />fill. <br />Approximate Original Contour (AOC) - The Division finds that the major <br />portion of the Tiac~ i e area meets the AOC requirements of Rule <br />4.14.1(2)(a). The operator has, in general, successfully reestablished the <br />post-mining landscape as per the approved plan. This plan includes a bench <br />area in the southern portion of the pit, which is flatter than the surrounding <br />topography. <br />There are three small areas which have not been sufficiently backfilled to <br />meet AOC requirements. These areas are as follows: <br />1) The dragline assembly pad area - Phis area has been a source of <br />controversy between the landowner and the operator. Perhaps due to <br />this, final reclamation of the area has been overlooked by all <br />parties. The Division finds that the operator is responsible for <br />returning the assembly pad area to AOC. <br />