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reclamation units that have not undergone any type of phased bond release to <br />date. One note of interest is that there aze approximately 627.27 acres that <br />have been backfilled and regraded and meet the criteria for application for a <br />Phase I Bond Release. There are 161.58 acres that have been reclaimed for <br />five-years or more and may be eligible for a Phase II Bond Release. <br />Finally, not including the azeas that have been approved for a Phase II Bond <br />Release, there are 131,08 acres that have been reclaimed for at least 10 years, <br />making them potentially eligible for an application for a Phase III Bond <br />Release (following two final years of successful vegetation monitoring). There <br />are, however, two main issues that Colowyo needs to address before <br />proceeding with a Phase III Bond Release application. First, the areas that <br />meet the time requirement for a Phase III Bond Release do not meet the shrub <br />density standard in the PAP. Second, these azeas may not meet the vegetative <br />diversity standard in the PAP. Please refer to the Division's 4 August 2006 <br />letter regazding the 2004 Annual Reclamation Report -Vegetation Data <br />Review for more information. A copy of the letter is attached. <br />The Division would like to encourage the Colowyo Mine to apply for a <br />phased bond release on all of the eligible areas. <br />10. Based on Exhibit 7 - 2005 Annual Report Map, there are 20.07 acres that <br />have had the topsoil replaced but have not been seeded. Of the 20.07 acres, <br />11.17 acres have been sitting bare since at least 2003. Reclamation block <br />EP045, 7.2 acres, was reclaimed and had topsoil replaced in 2003. <br />Reclamation block WP012, 3.97 acres, was reclaimed and had topsoil <br />replaced in 2002. The remaining areas, EP047, 1.9 acres; EP048, 3 acres; and <br />EP049, 4 acres, were all regraded and had topsoil replaced in 2005. All of <br />these areas that have had topsoil replaced in previous reclamation years, <br />EP045, EP046, EP047, EP048, EP049 and WP012, must be reseeded in <br />2006 to ensure compliance with the Rules. Please provide the Division <br />with an explanation why these topsoiled areas were not seeded following <br />topsoil replacement as required. <br />This concludes the review for the Colowyo Mine 2005 Annual Reclamation Report. <br />Please contact me at 303-866-4929 if you have any questions or need any additional <br />information. <br />Sincerely, <br />James R. Stark <br />Environmental Protection Specialist <br />Attachments <br />