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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made <br />during the inspection. Comments also describe any enforcement actions taken during the inspection <br />and the facts or evidence supporting the enforcement action. <br />backfilling and grading and establishment of drainage control as required by the approved plan. At Phase II, up to <br />85 percent of the total reclamation bond can be released for topsoil replacement and for successful establishment <br />ofivegetation which supports the approved post mining land use and which meets the approved success standard <br />for, cover. In addition, a demonstration must be made that shows that the reclaimed site doesn't contribute <br />suspended solids in excess of those of pre - mining conditions or of adjacent and comparable non -mined areas. At <br />Phase III, the remaining reclamation bond can be released upon completion of all of the reclamation work, but <br />n t before a period of ten years has passed after the last augmented seeding, fertilizing, irrigation or other work. <br />There are additional considerations in the bond release process. One consideration is that no more than sixty <br />percent of the reclamation bond can be released if the suspended solids level from the reclaimed area is greater <br />than that of pre - mining levels or from adjacent, undisturbed areas. Another consideration is that the Division can <br />not release any reclamation bond that would result in insufficient funds to finish the remaining reclamation work. <br />The operator must submit a formal request to the Division for each reclamation bond release phase. Notification <br />of the bond release request is made with the publication of a public notice and with notification letters sent to <br />adjoining landowners, surface owners and various local government agencies. When the Division calls the <br />submittal complete, a field inspection and evaluation is conducted to determine the status of the reclamation work <br />that was performed. The field inspection and evaluation are to be held within thirty days of completeness or as <br />soon as weather permits thereafter. Notification letters for the field inspection must be sent to the surface owner <br />and agent or lessee. <br />The inspection and evaluation report is to be made available to the public at the Division's offices. Objections to <br />they bond release may be made within thirty days of the submittal completeness date or within thirty days of the <br />completed field inspection. After this initial objection process has been completed, the Division makes its <br />proposed decision. The proposed decision is made by the Division as to whether to release or not to release all or <br />a portion of the reclamation bond. Written notification of the proposed decision is sent to the permittee, the surety <br />company and interested parties. The written notification details in a findings document the reasons for the <br />proposed decision, provides recommendations for any additional work needed to complete the bond release and <br />informs the parties of their right to appeal the proposed decision. The Division also publishes the proposed <br />decision in a public notice in the local newspaper. <br />Bear No. 3 Mine Bond Release Permitting Process <br />The request for this Partial Phase I Bond Release (SL -4) was dated August 4, 2009 and received at the Division <br />on August 6, 2009. The submittal included information required under Rule 3.03.2 of the Regulations of the <br />Colorado Mined Land Reclamation Board for Coal Mining as well as information requested under the Division's <br />Guideline Regarding Selected Coal Mine Bond Release Issues. The request was for structural demolition and <br />disposal, as well as for backfilling and grading of 7.5 acres of disturbed land. The operator requested that <br />$16;7,000.00 of the total bond amount of $279,224.00 be released. Included in the submittal was a certification of <br />service for the mailing of the bond release notification that was sent to the appropriate governmental agencies and <br />civilian organizations. Also included in the submittal was a copy of the proposed public notice. The SL -4 <br />submittal package was also sent to the Office of Surface Mining, the USDA - Forest Service and the Bureau of <br />Land Management (BLM). <br />The public notice was published in the Delta County Independent on August 12, 19, 26 and September 2, 2009. <br />The Division received the proof of publication from the operator on September 11, 2009 and, within the required <br />2 <br />