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requirements of Section 4.15 of the Regulations of the Colorado Mined Land Reclamation Board for <br />Coal Mining. On January 17, 1989, however, the Division determined that the reclamation that was <br />conducted at the Site in 1988 was not what was approved in the reclamation plan, and decided to <br />initiate proceedings to forfeit the $13,750 bond associated with Permit No. 77-3 ug/c. <br />At the April 1989 bond forfeiture hearing, the MLRB concluded that Arness-McGriffin Coal <br />Company had failed to conduct reclamation operations at the Site in accordance with the approved <br />plan. The MLRB ordered the $13,750 bond forfeited, ordered the Division to use the bond monies to <br />reclaim the Site to the best possible contour, and ordered that any excess monies not used in <br />reclamation be returned to the operator. Revegetation of the Site occurred in 1989. Additional <br />revegetation work occurred in 1990. A guard rail was installed in December of 2000 along the <br />outside edge of a road used at one time as an access road to the Site. <br />Reclamation Plan <br />There was no formally-approved reclamation plan or post-mining land use associated with a Division <br />permit for the Site. A reclamation plan submitted by Sam Amess of Arness-McGriffin Coal <br />Company to the Division on February 16, 1988 and approved by the Division on April 13, was <br />found to not have been implemented at the Site. At the April 1989 bond forfeiture hearing, the <br />MLRB ordered the Division to use the bond monies to reclaim the Site to the best possible contour. <br />Reclamation Completed <br />The Division's Inactive Mines Program reclaimed the Site in 1989 and 1990, using all of the funds <br />from the forfeiture of the bond associated with permit 77-3 ug/c. The work was conducted by private <br />contractors, and included backfilling the portal face-up area, replacing a growth medium, and <br />seeding. In 2000, the Division utilized state severance tax money and had a private contractor re- <br />grade the access road and install a post-and-cable guardrail next to the road near the Site. No <br />additional funds are available for reclamation or site maintenance. <br />Current Use of the Site <br />The Site is open rangeland. A dirt road through the disturbed area leads past the Site to the State of <br />Colorado's Perins Peak State Wildlife Area. The road is maintained by the Colorado Division of <br />Wildlife, which owns a non-exclusive use right-of-way on the road. <br />Previous Bond Releases <br />The Site has had no previous formal bond releases. <br />Public Notice <br />The Division published notice of the bond release application in the Durango Herald once weekly <br />for four consecutive weeks, beginning on October 7, 2009. Parties that were required by Section <br />3.03.2(1) of the MLRB Regulations for Coal Mining to be notified of the inspection were notified by <br />3