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bond release application by mail and by telephone. During a telephone conversation (in March <br />2010) with Mr. Troy Swain of the Weld County Department of Public Health and Environment, <br />Solid Waste Division, Mr. Swain stated that he would like to attend the SL -05 bond release <br />inspection, but it was not necessary for him to attend. He did not attend the inspection. <br />A representative of the Colorado Board of Land Commissioners, Mr. Mark Davis, was notified in <br />advance of the inspection by mail and by telephone; however, no one from his agency attended the <br />inspection. <br />During review of the bond release application, the Division identified four issues with the analysis <br />performed by CEO's consultant: <br />• In the 2009 Vegetation Monitoring report, the area in Table 3 was misidentified as Area 29; <br />it is actually Area 30. <br />• In the 2009 Vegetation Monitoring report, it was not clear that the sampling for Area 23 was <br />sufficient. <br />• In the Sedimentology Demonstration, one of the transects used in the adjacent undisturbed <br />area analysis (the southern transect, A -A') should not have been used because the adjacent <br />undisturbed area is no longer undeveloped. <br />• In the Sedimentology Demonstration, the Length Slope (LS) factor for one of the transects <br />used in the adjacent undisturbed area analysis was incorrectly calculated per the equation <br />given in the application. <br />CEC's consultant made the recommended changes in the respective reports. <br />II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />PHASE I <br />Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released when <br />the permittee successfully completes backfilling, regrading, and drainage control in accordance with <br />the approved reclamation plan." With regard to Phase I bond release, the approved reclamation plan <br />for the Keenesburg Strip Mine calls for backfilling mine pits to the approximate original contour <br />(permit page 113). All parcels included in SL -05 have previously received Phase I bond release <br />approval. <br />PHASE II <br />Rule 3.03.1(2)(b) states, "Up to eighty -five percent of the applicable bond amount shall be released <br />upon the establishment of vegetation which supports the approved postmining land use and which <br />meets the approved success standard for cover... based on statistically valid data collected during a <br />single year of the liability period." In regard to Phase II bond release, Rule 3.03.1(3)(b) also states, <br />"No more than sixty (60) percent of the bond shall be released so long as the lands to which the <br />release would be applicable are contributing suspended solids to streamflow or runoff outside the <br />permit area in excess of pre - mining levels as determined by baseline data or in excess of levels <br />C1981 -028, SL -05 4 9/10/2010 <br />