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• Kevin Whipkey, P.E. for Norwest Corporation. These documents were provided by the Division <br />on May 18. and May 20, 2005, respectively. On May 26, 2005, the Division received <br />acknowledgment from the Tatums that they had received these two requested documents ar}d that <br />they would install a pump in the water well of concern. On June 6, 2005, the Division received a <br />certification of the closure report from R. Kevin Whipkey of Norwest Corporation. <br />OBSERVATIONS AND FINDINGS <br />Based on the Division's inspection and review of the closure report, the Division believes that the <br />NW-1 ventilation shaft was sealed in accordance with the plan approved by the Division. Field <br />inspection during the bond release inspection documented that the site has been returned to <br />approximate original contour and that backfiag, grading, and drainage control has been <br />completed in accordance with the approved plan. Certified cross- sections submitted by the <br />applicant also support this finding. <br />Objections by the landowner are outside the scope of this Phase I bond release request and do -not <br />form the basis for denial of this bond release request. In addition, the issues referenced in the <br />Tatum objection letter dated February 16, 2005 (received by the Division on February 17, 2005) <br />have been previously addressed. Issues related to the NW-1 vent shaft and alleged water well <br />damage were previously investigated and addressed by the Division. Pertinent rulings were also <br />rendered by the Las Animas District Court .(92 CV 127) on December 1, 1997, and by the <br />• Interior Board of Land Appeals (IBLA 96 -90, 96 -91) on January 5, 2000. The Division <br />conclusions are summarized in letters from the Division to the Tatums dated July 3, 2003, <br />February 4, 2004, and May 6; 2004 (two letters dated May 6, 2005) all of which are incorporated <br />herein by reference. <br />The Division also previously informed the Taturns that the reclamation bond is not related to the <br />court judgment referenced in the Tatum objection letter dated February 16, 2005, This matter was <br />previously addressed by the Division in the above- referenced Division letter to the Tatums dated <br />lJuly 2; 2003. The current approved reclamation liability amount is $206,333.14.. Should this <br />bond release request of $54,801.00 be approved and the reclamation bond reduced to <br />$151,832.14, the remaining bond will be adequate to complete the remainder of the reclamation <br />work required at this site in the event of forfeiture. <br />SUMMARY <br />In conclusion, BRI has submitted the proper documentation verifying that the 1.2 acres at the - <br />NW I vent shaft have been reclaimed to the extent that the requirements for a Phas e I bond <br />release have been achieved. Office review of the data and field inspection support the contention <br />of the applicant that the reclamation work completed is in accordance with the approved plan. <br />The difficulty in completing any remaining reclamation is, low. <br />Based on the observations and findings as detailed above, the Division proposes to approve Basin <br />Resources request for a Phase I bond release (SL -04Y for those 1.2 acres that constitute the entire <br />disturbance for the NW-1 vent shaft. The reclamation liability will be reduced by $543801.00, <br />which when subtracted from the current reclamation liability amount of $206,633.14, leaves <br />