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<br /> <br />Snowcap Coal Co Roadside Portals Liability Release SL-3, pg. 2 <br />OSM and BLM elected not to attend the inspection. Written comments received by DRMS to date are <br />from the BUREC who own and control the irrigation canals included in lands subject to this liability <br />release application. <br />DRMS has not received any additional public or governmental agency input regarding this SL-3 liability <br />release application after concluding the liability release inspection. The DRMS April 13, 1987, Policy <br />Memorandum regarding "Release from Liability ofAreas Overlying Underground Coal Mine Worldwyf <br />stipulates a minimum waiting period of three years following final coal extraction prior to applying for a <br />liability release of lands overlying underground mine workings. The SCC liability release application <br />meets this stipulation as the last coal extraction at this mine complex was in December 1999. <br />No underground coal extraction occurred adjacent to or under the Xcel Energy - Cameo power plant <br />facilities. These facilities were not inspected during the liability release inspection. Ephemeral and <br />intermittent stream locations on the undermined lands subject to this release were inspected with no <br />signs of subsidence noted. A several hundred foot section of the Government Highline Canal (BUREC <br />jurisdiction in S '/ Section 27) that was undermined and potentially subject to subsidence effects is <br />included on lands subject to this release request. This area was inspected with the BUREC <br />representatives during the liability release inspection and the potential for subsidence along this segment <br />of the canal was of concern to the BUREC. No surface subsidence features were noted during the <br />inspection on any of the areas inspected adjacent to the canal proper. Additional structures and <br />renewable resource lands potentially subject to subsidence are documented on page five of the DRMS <br />Proposed Decision. No subsidence damage was identified to these structures or renewable resource <br />lands during the liability release inspection.. The BUREC concurred with the DRMS Proposed Decision <br />via telephone discussion and e-mail on November 7, 2007. <br />The BLM is the majority surface owner of the lands subject to this liability release request. BLM <br />concurred with the DRMS Proposed Decision in a letter dated December 14, 2007. This liability release <br />request is for 7294 acres of the permit area. The 3,016 acres remaining in the permit area incorporate all <br />the bonded surface disturbance, reclamation areas, and ancillary facilities of the mine complex. <br />The DRMS Proposed Decision documents the applicant's compliance with the Colorado approved <br />regulatory program at Rule 3.03.2, the DRMS liability release policy memorandum noted above, and <br />the approved DRMS permit application. Liability release criteria found in the above regulatory <br />provisions have been met or exceeded by the permittee. <br />This liability release request is not associated with the DRMS performance bond held for any surface <br />disturbances at this mine. DBMS holds a corporate surety bond for $2,049,361.00. No bond monies <br />will be released as a result of approving this liability release request.