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<br />land before mining, and blend well into the adjacent undisturbed landscapes ("Seepages <br />14-7 and 14-8 of the approved mining and reclamation plan). <br />DRMS conducted the bond release inspection required at Colorado Rule, Section 3.03.2 (2) on <br />October 7, 2008. OSM and BLM did not participate in the bond release inspection. OSM has <br />reviewed the resulting DRMS inspection report and associated correspondence; and OSM has <br />discussed the DRMS Proposed Decision with BLM. BLM concurred with the Proposed Decision <br />in a letter dated January 9, 2009 (copy attached). DRMS has not received any written public <br />comments regarding this Phase I (SL-4) bond release application and the reclamation of the former <br />South Portals facilities area. <br />This Phase I bond release requests applies to 18.0 acres consisting of the surface facilities <br />at the South Portals Area. Permit Revision No. 3 (PR-3) was approved in July 2007 and <br />changed the postmining land use to a Commercial land use (commercial fruit growing <br />company, Providence Place, Inc) allowing the retention of some South Portal facilities <br />including the following: existing office, warehouse, and shop facilities for use as-a retail <br />sales office, produce storage, equipment and supply storage, and parking area. Anew <br />roadway was approved and constructed to access the former mine bench. (Access Road <br />#1A) <br />OSM finds SCC has met or exceeded the requirements for Phase I bond release on the <br />18 acres of land approved as a Commercial land use as described above. <br />DRMS currently holds a corporate surety, performance bond in the amount of . <br />$2, 233,045.00. DRMS proposes to release $587,007.00 .andhas determined that the <br />remaining bond amount of $1,646,038.00 is sufficient to complete all.remaining <br />reclamation obligations at this site if the work had to be completed by a third party <br />contractor. OSM concurs with the proposed bond release amount. <br />Thank you and your staff for coordinating this Federal lands bond release through the <br />DFD. Please direct any questions concerning this action.to Henry Austin, Senior <br />Reclamation Specialist, at haustin@osmre. gov or at (303) 293-5019. <br />Sincerely, <br /> <br />James. F. Fulton, Chief <br />Denver Field Division <br />Enclosure <br />cc: David Berry, DRMS <br />Snowcap Coal Company <br />BLM / Colorado State Office.