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The approved reclamation plan states that the Burlington Northern Railroad Loadout was to be reclaimed <br />for industrial use, to be utilized as a coal loading facility or storege area. The approved reclamation <br />plan specifically states that no topsoil redistribution and revegetation efforts were to be undertaken and <br />that the sediment control structures were to remain to treat surface rnnoff. <br />Field inspections conducted by the Division have reported that reclamation vegetation has not been <br />established and that the sediment control structums have remained as per the approved reclamation plan. <br />Rule 4.15.10(2) states that the revegetation success criteria for areas to be developed for industrial use <br />shall not be less than required to control erosion. The permit area has been graded to approxirnate <br />original contour (flat ground level) and the surface has been furrowed; therefore, erosion has been <br />controlled. <br />The Division has determined that the approved post-mining industrial land use is currently being imple- <br />mented, as the regraded loadout is being used as a storage area by CDOT. The landowner, the City <br />of Trinidad, has stated a concern that any efforts to revise the approved reclamation plan may interfere <br />with or impede the City's ability to continue to utilize the property for its intended post-mining <br />industrial land use. The City of Trinidad, in correspondence dated February 9, 1994, further confirms <br />the fact that the intended post-mining industrial land use is currently being implemented at this site. <br />Proposed Decision for Phase II Bond Release <br />The Division fords, based on the findings in this document, that the Burlington Northern Railroad <br />Loadout for the Raton Creek Mine is eligible for the 85 percent bond release requested for successful <br />establishment of vegetation in accordance with the approved reclamation plan. - <br />Phase III <br />Phase III -Rule 3.03.1(2)(c) states: <br />The remaining portion of the bond amount shall be released when the permittee has successfully <br />completed all surface coal mining reclamation operations in accordance with the approved <br />reclamation plan, and the ftnal inspection and procedures of 3.03.2 have been satisfied. This <br />shall not be before the expiration of the period specified for revegetarion responsibility in <br />3.02.3. <br />The approved reclamation plan stated that the Burlington Northern Railroad loadout was to be <br />reclaimed for industrial use and specifically stated that no revegetation efforts were to be undertaken <br />and that the sediment control structures were to remain. <br />Field inspections conducted by the Division have reported that the requirements of the approved <br />reclamation plan have been satisfied. The landowner, the City of Trinidad, has stated that the approved <br />post-minir-g industrial land use is currently being.implemen[ed and has stated a concern that efforts to <br />revise the approved reclamation plan may interfere with or impede the City's ability to utilize the <br />property for its intended land use. The Division concurs with the City's statement. <br />-S- <br />