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I, PROCEI?U?ES ANA SUMMARY ??' THE REVIE'?V PR+DCESS <br />In April, 1989, Peabody Coal Company, owners of the mine at that time, applied for and received a Phase <br />?, 2, ,? ? Release of Liability on 42.2 acres which had a land use change to industrial use {County <br />Landfill}. {SL-01 } <br />In March,1993, Western Fuels-Colorado applied for a similar Phase ?, 2, & 3 release of liability on 14.2 <br />acres, for the Montrose County Landfill, in 1994. {SL-02} <br />1n September,1994, Western Fuels-Colorado applied for a Phase 1 &.2 bond release on 215.5 acres at the <br />New Horizon Mine 1. Phase 1 bond release was approved and Phase 2 was denied. {SL-03} <br />1n February,199b, the Division received a complete application for another Phase l bond release from <br />Western Fuels-Colorado for 9 S . b acres at the Mine 1 area and 51. $ acres at the New Horizon Mine 2. <br />The decision. to approve became final on August b,199b. {SL-04} <br />1n October, 1'997, the Division received an application for Phase 1 bond release from 'Western Fuels- <br />Coloradofor b7.4 acres at the New Horizon Mine 2. The decision to approve became final in February, <br />199. {SLOS} <br />In February, 1999, the Division received an application. for Phase 1 bond release from Western Fuels- <br />Colorado fc?r 43.4 acres at the New Horizon Mine 2. The decision to approve became final in July, 1999. <br />{SLOB} <br />On August 1 b, 2001, the Division received an application from Western Fuels-Colorado, LLC, requesting <br />Phase 11 and lIC bond release on 215.5 permitted acres { 134.9 disturbed acres} at the New Horizon Mine <br />1 area {SL-07}. The application was deemed complete on September 10, 2001, after the Division <br />received proof of publication of the applicant's public notice and all appropriate maps. Western Fuels- <br />Coloradopublished notice of the bond release application in The San Miguel Basin Forum once weekly <br />for four consecutive weeks, beginning August 1b, 2001. Western. Fuels-Colorado also notified land <br />owners within and adjacent to the mine permit area, anal other interested parties of the application for <br />bond release, as required by Rule 3.03.2(1}. <br />The Division did not receive any written requests for an informal conference regarding the bond. release <br />application, however; one comment was received regarding the reclamation of the box cut spoils at the <br />Mine 2 area. The matter was resolved when it was explained that the bond release request was for the <br />Mine 1 area as opposed to the Mine 2 area where the box cut spoils are located. <br />The Division scheduled and conducted a bond. release inspection on October 2, 2oQ1 at 10.Q0 AM. The <br />site inspection was conducted in accordance with Rule 3.03.2{2}. Present for the inspection were Ross <br />Gubka, WFC, and Harry Ranney, DN1. Na other parties including the OSM or land owners were present <br />although all were notified previously of the inspection. <br />II. CI?IT°ERIA AND? SCHELIULE FOR B(?1?? RELEASE <br />PHASE I <br />Rule 3.03.1 {2}{a} states, "Up to sixty percent of the applicable bond amount shall be released when the <br />perrnittee successfully completes backfilling, regrading, and drainage control in accordance with the