2009-01-12_REVISION - C1983058 - Laserfiche WebLink

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released when the permittee has successfully completed all surface coal mining reclamation operations in accordance with this approved reclamation plan, and the final inspection procedures of 3.03.2 have been satisfied. This shall not be before the expiration of the period specified for revegetation responsibility in 3.02.3." Rule 3.03.1(4) states, " No bond shall be fully released until all reclamation requirements of these Rules and the Act are fully met..." The same rule goes on to state, " No acreage shall be released from the permit area until all surface coal mining and reclamation operations on that acreage have been completed in accordance with the approved reclamation plan." The post mining land use for the site is rangeland. A Phase III bond release can occur: • When the minimum period of liability of 10 years is met. [Section 3.02.3(2)(b)]; • When the permittee has successfully completed all surface coal mining reclamation operations in accordance with the approved reclamation plan [Section 3.03.1(2)(c)]; • When all reclamation requirements of the Rules and the Act are fully met [Section 3.03.1(4)]; and • When the final inspection and evaluation procedures of Section 3.03.2 have been satisfied [Section 3.03.1(2)(c)]. IV. OBSERVATIONS AND FINDINGS Previous Bond Releases Prior to the permit being revoked, TPI received a Phase I bond release for 13.5 acres at the portal area and coal sales area. After the permit was revoked and the bond forfeited, no bond release applications were submitted, reviewed, or approved. This TOJ is a combined Phase II and III release of liability for the entire site. Public Notice and Public Comment The Division published notice of the bond release and termination of jurisdiction in the Canon City Daily Record once weekly for four consecutive weeks, beginning on April 28, 2008 as documented by a proof of publication received by the Division on May 21, 2008. Eleven landowners adjacent to the mine Pothe t area were also notified by certified mail on April 11, 2008 of the Divisio tent to terminate jurisdiction, as required by Section 3.03.2(1)he landowner permit area was notified on January 18, 2006 prior to begi ing egetation sampling. The Fremont County Commissioners were notified on J 10, 008 and invited to attend the final bond release inspection in August. One art , Mr. Dennis Auge, an adjacent landowner to the permit boundary, contacte the Division by phone subsequent to receiving his notification. He had concerns about what he believed is a subsidence feature on his property. Since Mr. Auge is an adjacent landowner and outside of the Twin Pines No. 2 ermit boundary, any subsidence features on his property would ?J? kv-t/ i_ 4