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any bond release on the basis of an outstanding final judgment regarding subsidence <br />damage to the Tatum's home and property. Concurrent with the review of this bond <br />release application were other Federal and State actions of both a permitting and <br />enforcement nature. Ten Day Notice (TDN) X07-140-116-001 TV 1 was issued by the <br />United States Office of Surface Mining to the Division of Reclamation, Mining, and <br />Safety on February 6, 2007 for failure by Basin Resources to promptly repair, restore, <br />rehabilitate, or compensate the owner of a damaged occupied residential dwelling in <br />the full amount of the diminution of value resulting from subsidence. As a result of this <br />TDN the Division issued Notice of Violation (NOV) CV-2007-001 to Basin Resources on <br />February 15, 2007 for the same reasons. Required abatement of the NOV was to <br />"provide damage related compensation as determined and directed in the above- <br />referenced case rulings". Permitting action Surety Increase No. 1 (SI-01) was also <br />initiated by the Division on March 2, 2007 to require the reclamation bond to be <br />increased by the amount of the valid judgment of $622,000.00. Evidence of payment of <br />the outstanding valid judgment was received by the Division on June 20, 2007 and NOV <br />CV-2007-001 was terminated on June 25, 2007. Therefore, this objection is <br />considered resolved. <br />The bond release inspection was scheduled and held on October 24, 2006. All parties <br />were invited by certified mail to attend and included all objectors, surface and adjacent <br />landowners, the Division of Wildlife (DOW), XTO Energy, and Las Animas County. The <br />Office of Surface Mining (OSM) was contacted via e-mail on October 2, 2006 of the <br />upcoming bond release inspection. Due to other commitments, the OSM declined to <br />participate in the inspection. <br />The Division issued the written bond release inspection document on October 27, 2006. <br />The results of that inspection are incorporated by reference in this written finding. A <br />copy of the inspection report was mailed to all attendees including the applicant, XTO <br />Energy, DOW, Las Animas County, and John Toupal. <br />IV. APPROVAL CRITERIA FOR BOND RELEASE <br />Rule 3.03.1(3)(e) requires that bond coverage be maintained over the "applicable <br />liability period" for lands reclaimed to an industrial or commercial use, sufficient for the <br />Division to achieve the standards for revegetation applicable to the pre-mining land use <br />under Rule 4.15, in the event the land use is not developed. Rule 4.15. 10 requires that <br />for areas developed for industrial or commercial use, the ground cover of living plants <br />shall not be less than required to control erosion. Final bond release shall not occur <br />prior to satisfactory cover establishment. <br />Reclamation Bond History <br />The history of release of the disturbed acres is shown in Table A and Table B below. <br />Table A details the acreage and bond release history prior to this bond release SL-06 <br />and Table B shows the acreage should this application be approved. The permitting <br />action is shown in parenthesis (e.g. (SL-02)). Areas specific to this bond release (SL- <br />06) are highlighted in yellow in Table B.