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<br />SUMMARY OF THE REVIEW PROCESS
<br />BRL's initial application submittal for the partial phase one bond release SL-3, dated June 26, 2007, was
<br />received at the Division on June 28, 2007. All of the information required under Rule 3.03.2(1 xa) and (b)
<br />was included in the bond release application, including the proposed public notice, a copy of the written
<br />notice sent to the appropriate landowners and agencies announcing the proposed partial Phase One Bond
<br />Release, a certificate of service, a list of landowners and agencies who received the written notice and a
<br />map of the unit train loadout facilities. In a letter dated July 6, 2007 and received at the Division on July
<br />1 I , 2007, BRL sent a copy of the SL-3 application to the Office of Surface Mining. In a submittal dated
<br />July 27, 2007 and received at the Division on July 30, 2007, BRL provided the proof of publication for
<br />the public notice that was published in the Delta County Independent on July 4, 11, 18 and 25, 2007. In a
<br />letter dated August 6, 2007, the Division requested that BRL submit an itemized list of the structures and
<br />the amount of reclamation bond for each structure for which BRL was requesting bond release. In an e-
<br />mail response dated August 6, 2007, BRL provided the itemized list
<br />The SL-3 submittal was called complete on August 9, 2007, and the completeness letters were mailed out
<br />the same day. In order to satisfy Rule 3.03.2(lxe), the Division requested, in a letter dated August 10,
<br />2007, that BRL provide a notarized certification that stated that the required reclamation activities have
<br />been performed according to the Act, Rules and the approved reclamation plan. BRL provided such a
<br />statement in a letter dated August 23, 2007 and received at the Division on August 27, 2007. In
<br />accordance with Rule 3.03.2(2) and because Bowie Resources LLC was the sole landowner where
<br />structural demolition had taken place, the Division sent to BRL a letter dated August 14, 2007 in which
<br />the company was notified that the bond release field inspection would be conducted on September 5,
<br />2007. Since the Bowie No. 1 Mine is a federal mine, the Office of Surface Mining was also notified of the
<br />planned bond release inspection in a letter dated August 14, 2007.
<br />The bond release inspection was held on September 5, 2007. Present for the field inspection of the unit
<br />train loadout were Basil Bear and Jim Stover, representing BRL, and Sandy Brown and Jce Dudash,
<br />representing the Division. OSM declined to send a representative. The inspection began on the west side
<br />of the unit train loadout bench and progressed eastward. The itemized list of structures that had been
<br />provided by BRL earlier was used as a checklist to verify the status of structural demolition at the site.
<br />During the field inspection, BRL stated that they wanted to include some of the railroad track reclamation
<br />in SL-3 but had not included the request in the original submittal. During the bond release inspection, it
<br />was noted that about 1500 feet of the railroad spur track had been dismantled and taken offsite. [n a letter
<br />dated September 5, 2007 and received at the Division on September 7, 2007, BRL formally requested that
<br />the 1500 feet of railroad track removal be included in SL-3. Copies of the September 5, 2007 bond release
<br />inspection report were sent to BRL and OSM. At the time of this findings document, no comments have
<br />been received from OSM concerning the bond release inspection.
<br />(n a letter dated January 8, 2008, the Division sent a copy of its reclamation bond release calculation to
<br />BRL. In a letter dated February I I, BRL accepted the Division's reclamation cost estimate calculations.
<br />The Division did not receive any comments or requests for a public hearing or informal conference during
<br />the bond release adequacy review process.
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