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PHASE III <br />Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be <br />released when the permittee has successfully completed all surface coal <br />mining reclamation operations in accordance with this approved reclamation <br />plan, and the final inspection procedures of 3.03.2 have been satisfied. This <br />shall not be before the expiration of the period specified for revegetation <br />responsibility in 3.02.3." Rule 3.03.1(4) states, " No bond shall be fully <br />released until all reclamation requirements of these Rules and the Act are <br />fully met..." The same rule goes on to state, " No acreage shall be released <br />from the permit area until all surface coal mining and reclamation operations <br />on that acreage have been completed in accordance with the approved <br />reclamation plan." The post mining land use for the site is rangeland. A <br />Phase III bond release can occur: <br />• When the minimum period of liability of 10 years is met. [Section 3.02.3(2)(b)]; <br />• When the permittee has successfully completed all surface coal mining <br />reclamation operations in accordance with the approved reclamation plan <br />[Section 3.03.1(2)(c)]; <br />• When all reclamation requirements of the Rules and the Act are fully met <br />[Section 3.03.1(4)]; and <br />• When the final inspection and evaluation procedures of Section 3.03.2 have been <br />satisfied [Section 3.03.1(2)(c)]. <br />Iv. OBSERVATIONS AND FINDINGS <br />Previous Bond Releases <br />Prior to the permit being revoked, TPI received a Phase I bond release for 13.5 acres <br />at the portal area and coal sales area. After the permit was revoked and the bond <br />forfeited, no bond release applications were submitted, reviewed, or approved. This <br />TOJ is a combined Phase II and III release of liability for the entire site. <br />Public Notice and Public Comment <br />The Division published notice of the bond release and termination of jurisdiction in <br />the Canon City Daily Record once weekly for four consecutive weeks, beginning on <br />April 28, 2008 as documented by a proof of publication received by the Division on <br />May 21, 2008. Eleven landowners adjacent to the mine permit area were also <br />notified by certified mail on April 11, 2008 of the Division's intent to terminate <br />jurisdiction, as required by Section 3.03.2(1). The landowner of the permit area was <br />notified on January 18, 2006 prior to beginning vegetation sampling. The Fremont <br />County Commissioners were notified on July 28, 2008 and invited to attend the final <br />bond release inspection in August. One party, Mr. Dennis Auge, an adjacent <br />landowner to the permit boundary, contacted the Division by phone subsequent to <br />4