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2010-09-21_GENERAL DOCUMENTS - C1981042
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2010-09-21_GENERAL DOCUMENTS - C1981042
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Last modified
8/24/2016 4:23:00 PM
Creation date
9/23/2010 10:53:21 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981042
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
9/21/2010
Doc Name
Proposed Decision & Findings of Compliance for SL1
From
Phase II/TOJ
Permit Index Doc Type
Findings
Email Name
TAK
Media Type
D
Archive
No
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the Division. These parties included approximately forty-five landowners that at the time were either <br />within or adjacent to the Site, and additionally included the La Plata County Board of County <br />Commissioners, the La Plata County Planning Commission, and the San Juan Basin Health <br />Department. Other parties notified of the inspection included the Colorado Division of Wildlife, the <br />US Natural Resource Conservation Service, and the US Office of Surface Mining Reclamation and <br />Enforcement. <br />Bond Release Inspection <br />The Division conducted a bond release inspection at the Site on May 18, 2010 (the inspection had <br />initially been scheduled for December 9, 2009, but was postponed due to snow). The Division's <br />bond release inspection report is on file at the Division's Denver office. The bond release inspection <br />was conducted in accordance with Section 3.03.2(2) of the MLRB Regulations. Tom Kaldenbach <br />represented the Division. The only other persons attending the inspection were Christy Hulsman and <br />Jim Fulton, representing the US Office of Surface Mining and Enforcement. The OSM <br />representatives did not express objections to the TOJ during the inspection. <br />III. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />Phase I Bond Release <br />Section 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released <br />when the permittee successfully completes backfilling, regrading, and drainage control in accordance <br />with the approved reclamation plan." Section 3.03.1(3)(b) states "No more than sixty (60) percent <br />of the bond shall be released so long as the lands to which the release would be applicable are <br />contributing suspended solids to streamflow or runoff outside the permit area in excess of premining <br />levels as determined by baseline data or in excess of levels determined on adjacent nonmined areas". <br />Phase II Bond Release <br />A Phase II bond release is allowed by those parts of Section 3.03.1(2)(b) which say, "Up to eighty- <br />five percent of the applicable bond amount shall be released upon the establishment of vegetation <br />which supports the approved postmining land use and which meets the approved success standard <br />for cover, pursuant to 4.15.8." Rule 4.15.8(1)(b) states "In the case of previously mined lands or <br />areas to be developed for industrial or residential uses, the requirements of 4.15. 10 shall apply." <br />Phase III Bond Release <br />Phase III is a final bond release. The entire five-acre Site is being considered for Phase III release. A <br />Phase III bond release can occur: <br />1. When the minimum period of liability of 10 years is met. [Section 3.02.3(2)(b)]; <br />2. When the permittee has successfully completed all surface coal mining reclamation <br />4
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