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I+Sndings of the <br />Division of Minerals and Geology <br />for the <br />Burlington Northern Raihroad loadout <br />Raton Creek Mine, Permit No. C-8055 <br />Phase I, II and III Bond Release Application <br />A. Procedures for Seeking Release of Performance Bond (Rule 3.03.2) <br />The Division fmds that based on the review process history, the requirements for seeking release of <br />performance bonds as set forth in Rule 3.03.2 have been met. Copies of the written notices as required <br />by Rule 3.03.2(1)(a) have been submitted to the Division. Proof of publication in accordance with <br />Rule 3.03.2(10)(b) has also been submitted. The current landowner, the City of Trinidad, was notified <br />of and participated in the bond release inspection. A site inspection was held in accordance with <br />Rule 3.03.2(2). <br />B. Criteria and Schedule for Release of Performance Bonds (Rule 3.03.1). <br />Phase I <br />Phase I -Rule 3.03.1(2)(a) states: <br />_ <br />_. _. _. Up to sixty percent of the applicable bond amount shall be released when the permittee <br />successfully completes 6ackfi!ling, regrading, and drainage control in accordance with the <br />approved reclamation plan. <br />The approved reclamation phw states that the Burlington Northern Railroad I.oadout is to be reclaimed <br />for industrial use and that all coal handling equipment is to be removed and the area regraded to <br />approximate original contour (level ground). <br />Drainage control has been accomplished in compliance with the approved rechrmation plan. Runoff is <br />conveyed by sediment containment berms to the northeast corner of the loadout area, where it is treated <br />before leaving the permit area by passing through a silt fence. The operator has supplied a certified <br />map, entitled "Exhibit K, Burlington No. 1 loadout," that identifies the location of the sediment control <br />structures. The absence of drainage control structures at the railroad loadouts was the subject of Notice <br />of Violation C-93-087. While the required drainage control structures were not in place during the <br />November 29, 1993 bond release inspection, the installation of the required drainage control structures <br />was verified by an inspection conducted by the Division on December 27, 1993. Notice of Violation <br />No. C-93-087 was subsequently terminated on December 27, 1993. As such, the drainage control <br />system installed at the Burlington Northern Railroad loadout is in accordance with the regulations. <br />The Division fmds the Burlington Northern loadout permit area to be in compliance with the backfilling <br />and regrading requirements. Field investigations by the Division have verified that no coal handling <br />-3- <br />