GENERAL55931 - Laserfiche WebLink

Home Browse Search

I. PROCEDURES AND SUMMARY OF THE REVIEW PROCESS A Phase II/III bond release is initiated by an Operator (of a coal mine) in the form of an application. The application requires a number of actions of the Operator, including public notice of the application. Upon receipt of an application, the Division reviews the application for completeness; i.e., compliance with the actions required to be taken within an application. Subsequent to a determination that an application is complete, the Division conducts (within 30 days) an on-site inspection (the public and interested agencies are invited to accompany the Division on the inspection) and evaluation of the reclaimed site. The Division considers information gained from the inspection, public and agency comments, previous inspections, information presented in the application, and information within Permit files, and develops a document (a Findings of Compliance) that summarizes the degree of compliance with the rules associated with the release. Based on the Findings of Compliance, a Proposed Decision is promulgated. The Proposed Decision is made available to the public and interested agencies for 60 days. If uncontested, the proposed decision becomes final. If the proposed decision is to grant the bond release, bond release actions are processed. If contested, a due process is engaged to determine the fate of the application. Detailed information about the procedures and review process for Phase II and Phase III bond releases can be found in the Act and the Regulations of [he Colorado Mined Land Reclamation Board for Coal Mining. All rules (Rules) referenced within this document are contained within the Regulations. Detailed information about the mining and reclamation operations can be found in the permit application on file at the Division offices, located at 1313 Sherman Street, Room 215, in Denver, Colorado. II. CRITERIA AND SCHEDULE FOR BOND RELEASE A. Rule 3.03.1(1) Release Criteria and Schedule The Division, or the Board where an adjudica[ory hearing is held, shall release a performance bond, in whole or in part, when it is satisfied the reclamation covered by the bond or portion thereof has been accomplished as required, and according to the schedules set forth, in the Rules. The Division has released, according to the criteria and schedule presented below, Phase I and partial Phase II bond releases at the Meeker Area Mines. The original bond amount was $850,000. A bond reduction of $126,890 (to $723,110) was authorized for release of the Wilson-Loudy Loadout facility from the Permit and further reduced by to $307,000 for grading and backfilling of disturbed areas in 1987. The bond was again reduced for accomplished Phase II work by $122,929 (to $184,071) in 1994. This Findings of Compliance is to demonstrate satisfaction that, in response to the Application, the remaining reclamation covered by the bond has been accomplished as required, according to the schedules set forth in the rules. 9 20 January 1998