PERMFILE102988

• Permit No: C1981019A
• IBM Index Class Name: Permit File
• Doc Date: 12/11/2001
• Doc Name: OTHER DOCUMENTATION
• Section_Exhibit Name: EXHIBIT 13 APPENDIX E
• Media Type: D
• Archive: Yes

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Findings of the
• Colorado dined Land Reclamation Division
for the
Colowyo '4ine
Bond Release Application
I. Procedures for Seeking Release of Perfornance Bond (Rule 3.02.2)
The Division finds that, based on the review process history, the
reduirements for seeking release of performance bonds as se± forth in
Rule 3.03.2 have been met. Copies of written notices as reouired by
Rule 3.2(1)(a1 have been submitted to the Division. Proof of publication
in accordance with Rule 3.03.2(1)(b) has also been submitted. A site
inspection was held in accordance with P,u1e 3,03,2(2).
II. ~;riteria and Schedule for Release of.Performance Bands
A. Phase I - Rule 3.03.1(2)(a) states that "up to 60 percent of the
total bond amount applicable to an increment or permit area may be
released when the permittee successfully completes backfilling,
regrading and drainage Control in accordance with the approved
reclamation plan." ,
The operator has provided certified maps on an annual basis
• confir-Ding that the disturbed areas have been backfilled and graded
in accordance with the approved plan. Field investigations by the
Division have verified slope gradients and topsoil replacement
depths. In general, the regraded slopes do not exhibit any
instability. The Division therefore finds, in accordance with Rule
4,14.1(2) that the operator has backfilled to insure stability and
eliminate all spoil piles, highwalls, and depressions. In
addition, monitoring data indicates that the backfilled material
has been placea to minimize adverse effects on ground avatar and
leaching of toxic materials. The Division also finds that the
applicable regraded areas meet the reduirements of Rule 4.09 for
excess overburden fills.
Drainaoe control has been accomplished at all sites in compliance
with the approved plan, A11 reclaimed and reestablished channels
appear to be stable. There are no erosion problems in any of the
reclaimed areas.
8. Phase II - The operator has also reouested 85 percent bond release
on the areas reclaimed from 1978 - 1985. Rule 3.03.1(2)(b} states
that up to "up to eighty-five percent of the total bond amount
applicable to an increment or permit area shall be released upon
the successful establishment of revegetation in accordance with the
approved reclamation plan. Such release shall be based on the
costs of reclamation activities including, but not limited to,
replacement of topsoil seeding irrigating and fertilizing; and"
The operator has provided sampling results that demonstrate that
the approved reclamation success stanaard for cover has been net.
In addition, inaeoenaent sa~k~ing by the Oivisicn aiso ce:-onstrat_s