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-5- <br />Findings of the <br />Colorado Mined Land Reclamation Division <br />for <br />The Meadows No. 1 Mine <br />Bond Release Application <br />This section contains the findings of the Division pursuant to the Meadows <br />No. 1 Mine haul road bond release request. Information pertaining to the <br />Meadows Mo. 1 pit area bond release request has been deleted from this <br />document based on the Mined Land Reclamation Board's findings of May 22, <br />1986. These findings approved 60 percent release of the bond applicable to <br />the pit area for successful completion of backfilling and grading. <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 - Haul Road. <br />In July, 1984 a technical revision was approved with conditions fora haul <br />road decommissioning plan. The Division finds that due to the nature of the <br />designed structure, that the three phase bond release approach does not <br />apply. In this specific case, bond may be released pursuant to <br />Rule 3.03.1(3)(d) when it has been determined that the decommission plan has <br />been successfully implemented and the road is functioning as designed, in <br />accordance with the approved post mining 1and~use. Outslopes and other <br />vegetated areas must meet the criteria of Rule 4.15.10(2), which apply to <br />residential and industrial post mining land uses. This Rule states that "the <br />ground cover of living plants shall not be less tfian required to control <br />erosion." <br />Implementation of the Decommission Plan - The Division has received <br />certification from the operator that the road has been decommissioned as per <br />the approved plan. In addition geotechnical investigations have been <br />submitted which demonstrate that the road is stable and has not reactivated <br />any historical slides. The operator has satisfactorily complied with Division <br />requirements to repair several surficial slides which existed adjacent to the <br />road, and has provided the appropriate certifications for this work. <br />