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ditch was excavated at the ~ top of the portal area in May 2004 (as explained in the preceding <br />discussion of Reclamation Operations). <br />Public Notice <br />The Division published notice of the bond release application in the Durango Herald once weekly <br />for four consecutive weeks, beginning on September 14, 2007. The Division also notified the parties <br />regarding the inspection, that are required to be notified by Section 3.03.2(1). These parties included <br />the five landowners that are either within or adjacent to the mine permit area, the LaPlata County <br />Board of County Commissioners and Planning Commission, and the San Juan Basin Health <br />Department. Other parties notified of the inspection were the Colorado Division of Wildlife, the <br />Natural Resource Conservation Service, and the Office of Surface Mining. <br />Bond Release Inspection <br />The Division conducted a bond release inspection on November 27, 2007. The Division's bond <br />release inspection report is on file at its Denver office. The site inspection was conducted in <br />accordance with Section 3.03.2(2). Tom Kaldenbach represented the Division. The only other <br />person attending the inspection was David Vackar, representing one of the land owners, the Ute <br />Mountain Ute Tribe. Mr. Vackar did not indicate an objection to the TOJ during the inspection. <br />III. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />Phase 1 Bond Release <br />Section 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released <br />when the permittee successfully completes backfilling, regrading, and drainage control in accordance <br />with the approved reclamation plan." The reclamation plan calls for removal of all structures, <br />sealing of portals, and final regrading in the portal area to approximate the original 3: l slope. <br />Phase II Bond Release <br />A Phase II bond release is allowed by those parts of Section 3.03.1(2)(b) which say, <br />"Up to eighty-five percent of the applicable bond amount shall be released upon the <br />establishment of vegetation which supports the approved postmining land use...." <br />and "....which meets the approved success standard for cover based on statistically <br />valid data collected during a single year of the liability period." Section 3.03.1(3)(b) <br />states "No more than sixty (60) percent of the bond shall be released so long as the <br />lands to which the release would be applicable are contributing suspended solids to <br />streamflow or runoff outside the permit area in excess of premining levels as <br />determined by baseline data or in excess of levels determined on adj acent nonmined <br />areas". <br />4 <br />