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I. PROCEDURE FOR SEEKING BOND RELEASE AND SUMMARY OF THE REVIEW PROCESS <br />This document presents the results of the Division's review of MINREC's request for a 100% <br />bond release for the Diamond A Parcel of the North Thompson Creek Mines Unit Train <br />Loadout Facility. MINREC has applied for a bond release under Rule 3.03.2 of the <br />Regulations of the Colorado Mined Land Reclamation Board for Coal Mining. <br />MINREC submitted its request for a bond release on September 27, 1993. The public notice <br />was published for four weeks in the Glenwood Post between September 24, 1993 and <br />October 15, 1993. The Affidavit of Publication was received by the Division on <br />October 22, 1993, in conjunction with Certified Mail receipts from notification of the <br />landowners and appropriate government entities, per Rule 3.03.2(1). <br />The Division performed the bond release inspection on November 15, 1993. Landowners had <br />been notified on October 28, 1993 of the pending inspection. One representative of <br />MINREC, Inc. and two representatives of the landowner attended the inspection. No written <br />comment was received from the other landowners. <br />II. CRITERIA FOR BOND RELEASE <br />Rule 3.03.1(3)(e) of the Colorado regulations indicates that bond coverage for mined lands <br />with a designated alternate post-mining land use shall be maintained if that land use is not <br />undertaken. Rule 3.03.1(4) indicates that no acreage shall be released from a permit area <br />until 311 reclamation operations on that acreage have been completed in accordance with the <br />approved reclamation plan. The approved plan for the Diamond A Parcel requires reclamation <br />of the area such that a residential/commercial post-mining land use may be implemented. <br />The Division's decision regarding Technical Revision No. 12 (TR-12) to the permit provided <br />that the Diamond A Parcel, a substantial component of the unit train loadout facility of the <br />North Thompson Creek Mines, would be eligible for a final bond release upon the completion <br />of 1) removal of two concrete conveyor footers on the east bank of the Roaring Fork River, <br />and 2) implementation of the residential and industrial post-mining land use. The Division <br />determined that commencement of earth-moving activities related to the postmining land use <br />would constitute implementation. <br />III. EVALUATION <br />One condition for a final bond release at the Diamond A Parcel was commencement of <br />construction activities for the post-mining land use. As evidence that construction activities <br />have commenced on the Diamond A Parcel, the operator submitted photographs of construc- <br />tion activity and a press release from Aspen Glen (the developer and current owner of the <br />Diamond A Parcel) which states that construction has begun on the Diamond A Parcel. This <br />was confirmed during the bond release inspection. <br />The other condition for a final bond release at the Diamond A Parcel was removal of two <br />concrete footers on the east bank of the Roaring Fork River. In a letter dated July 10, 1992, <br />addressed to Kevin H. Kelley of Holme, Roberts, & Owens LLC, the Division confirmed that