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equipment is on site. The entire area has been regraded to approximate original contour, as per Rule <br />4.14.2(1). A topsoil stockpile located at the southern end of the loadout area has been placed upon the <br />graded loadout. The topsoil stockpile has been identified as property of the Colorado Department of <br />Transportation (CDOT). The topsoil material was phtced within the permit area by CDOT with permis- <br />sion from the Lindowner, the City of Trinidad. The permittce, Energy Fuels Mining Company, was <br />apparently not informed of the agreement between the landowner and CDOT that allowed the topsoil <br />material to be stored on the Burlington Northem loadout permit area. <br />Rule 3.02.1(7) states: <br />The bond liability of the permittee shall include only those actions which he is obligated to take <br />under the permit, including completion of the reclamation plan in such a manner that the land <br />will be capable of supporting apost-mining land use approved under 4.16.3. Actions of third <br />parties which are beyond the control and influence of the permittee and for which the permittee <br />is not responsible under the permit need not 6e covered by the bond. <br />The Division bas determined that the actions of the landowner and CDOT, which have insulted in the <br />topsoil storage pile located at the permit area's southern boundary, are the actions of third parties as <br />defined in Rule 3.02.1(7). As such, the Division fords the Burlington Northem loadout permit area <br />to be in compliance with the backfilling and regrading requirements of Rule 4.14.2(1), 3.03.1(2)(a) and <br />in accordance with the approved rechunation plan. <br />Proposed Decision for Phase I Bond Release <br />F~ergy Fuels Mining Company currently possesses a bond in the amount of $7,807.00 for the <br />Burlington Northern Raihroad loadout permit area. The Division fords, based on the findings in this <br />document, that the Burlington Northern Raihroad loadout for the Raton Creek Mine is eligible for the <br />entire GO percent bond release requested for successful completion of backfilling, regrading and drainage <br />control in accordance with the approved reclamation plan. This proposed decision to approve a full <br />Phase I bond release will reduce the current amount of the bond from $7,807.00 to $3,122.80. <br />Rule 3.03.1(3)(d) requires the Division to retain, at a min;mum, sufficient bond to complete the <br />approved reclamation phtn. The Division has reviewed the bond calculations computed for the permit <br />renewal, completed in May 1993, and finds that sufficient bond is held by the Division to complete all <br />remaining reclamation on site. <br />Phase II <br />Phase II -Rule 3.03.1(2)(b) states: <br />Up to eighty-feve percent of the applicable bond amoutu shall be released upon successful <br />estdblishmetu of revegetation in accordance with the approved reclamation plan. Such release <br />shall be based on the costs of reclamation activities, including but not limited to replacemem <br />of topsoil, seeding, irrigation and ferti[iung. <br />-4- <br />