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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />August 20, 2009 <br />Lori Jazwick, District Conservationist <br />US Department of Agriculture <br />Natural Resources Conservation Service <br />1475 Pine Grove Rd, Suite 201A <br />Steamboat Springs, CO 80587 <br />RE: Objection Letter Regarding Bond Release Application <br />Chevron Mining Inc, Edna Mine, Permit C-1980-001 <br />Dear Ms. Jazwick, <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Thank you for your letter of June 8, 2009, pertaining to a bond release application filed with our <br />offices for the reclaimed Edna surface coal mine in Routt County, Colorado. We received your letter <br />on June 9, 2009, and appreciate you bringing your concerns to our attention. We offer this letter in <br />response. <br />The permittee of the Edna surface coal mine is Chevron Mining Inc ("Chevron"). Our offices are at <br />the moment reviewing two bond release applications submitted by Chevron for the Edna mine. Bond <br />release application SL-10 was submitted to us on November 25, 2008, and pertains to a 13.3-acre <br />portion of the reclaimed area on the west side of the mine known as the "Tipple Area". Bond release <br />application SL-11 was submitted to us on May 14, 2009, and pertains to three separate portions of the <br />reclaimed area on the east side of the mine. These portions, or blocks, total 1,197.6 acres. These <br />blocks are: a 597.1-acre block of the "West Ridge Area", a 342.5-acre block of the "Moffat Area", and <br />a 258.0-acre block of the "Support Facilities Area". Your letter of June 8, 2009 did not identify the <br />specific bond release application of concern. <br />The state law governing Colorado's coal mining industry is "The Colorado Surface Coal Reclamation <br />Act" (34-33-101 et seq C.R.S. 1973 as amended). The state regulations promulgated in support of this <br />state law are known as "The Regulations of the Colorado Mined Land Reclamation Board ("Board") <br />for Coal Mining" (2 CCR 407-2). An application for bond release at a coal mine permitted through <br />our office may be filed under our state law and our Board's regulations for one or more of three <br />"phases" of bond release. Generally speaking, an application for a Phase I bond release may be <br />approved once a permittee achieves its approved post-mining topography. An application for a Phase <br />II bond release may be approved once a permittee achieves its approved reclamation vegetation cover <br />standard and has demonstrated progression toward achievement of its approved standards for <br />vegetative productivity, species diversity, and, if applicable, woody plant density. An application for a <br />Phase III bond release may be approved once a permittee achieves its diversity, productivity and <br />applicable woody plant density standards, as well as its hydrologic reclamation requirements. For your <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines