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III. OBSERVATIONS AND FINDINGS <br />This section of this Findings of Compliance presents the observations and findings of the Application <br />inspection and evaluation. <br />A. Rule 3.03.2(1) Bond Release Application and Contents <br />1. Rule 3.03.2(1) File of Request <br />A permittee may file a request with the Division for the release of all or part of a performance bond. <br />The permittee has complied with the requirements of Rule 3.03.2(1) with regard to submission of an <br />application. Enron Coal Company submitted, on May 8, 1997, a request (an Application) for Phase <br />II/III Bond Release under a Greg Lewicki & Associates letter of May 7, 1997, Re: Final Bond Release <br />at the Meeker Mines C-81-032 for the Meeker Mines (Meeker Area Mines, Division Permit Number <br />C-81-032). This Application was submitted under the Colorado Surface Coal Mining Reclamation Act <br />following complete reclamation of the Meeker Area Mines. This Phase II/III bond release was <br />preceded by two partial releases: a Phase I release for backfilling and grading reclamation work; and <br />a partial Phase II release for vegetative cover reclamation work. The original bond amount was <br />$850,000. A Phase I Bond release was granted in 1987 for release of the Wilson-Loudy Loadout <br />facility from the Permit in the amount of $126,890 (a reduction, leaving a bond of $723,110) and <br />grading and backfilling of disturbed areas in the amount of $416,110 (leaving $307,000 for remaining <br />reclamation work) [Proposed Decision on the Bond Release Application for the Meeker Area Mines <br />File No. C-81-032, July 24, 1987 (Findings, 1987)]. A partial Phase II release was approved for <br />$122,929 in 1992, leaving a bond of $184,071 [Proposed Decision and Findings of Compliance for <br />the Meeker Area Mines Phase II bond Release C-81-032, November 20, 1992 (Findings, 1992)]. The <br />Application (for the remaining $184,071) was received by the Division on May 8, 1997. <br />2. Rule 3.03.2(1) Written Notice <br />The permittee is required to provide written notice of intention to seek release from bond to certain <br />people, government bodies, municipalities, commissions, commissioners, agencies, authorities, and <br />districts, and, in this case, to the United States Office of Surface Mining. <br />The permittee has complied with the requirements of Rule 3.03.2(1) with regard to written notices. <br />Enron Coal Company notified (by letters, May 7, 1997, copies in Appendix D of the Application) land <br />owners within and adjacent to the mine permit area (Phil Jensen and George and Bud Rienau) and other <br />interested parties (Bureau of Land Management, Rio Blanco County Department of Development, <br />Natural Resources Conservation Service. Colorado Division of Wildlife, White River National Forest, <br />Rio Blanco County Commissioners, Yellow Jacket Water Conservancy District, and Meeker Sanitation <br />District) of the application for bond release. <br />14 20 January 1998 <br />