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and miscellaneous items that appear to be related to a construction operation. <br />Previous Bond Releases <br />The Coal Gulch Mine has had no previous 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. The Division also notified the parties of <br />the inspection that were required to be so notified by Section 3.03.2(1). These parties included <br />approximately forty-five landowners that at the time were either within or adjacent to the mine <br />permit area. Also notified were the La Plata County Board of County Commissioners, the La Plata <br />County Planning Commission, and the San Juan Basin Health Department. Other parties notified of <br />the inspection were the Colorado Division of Wildlife, the U.S. Natural Resource Conservation <br />Service, and the U.S. Office of Surface Mining Reclamation and Enforce (OSM). <br />Bond Release Inspection <br />The Division conducted a bond release inspection on May 18, 2010 (the inspection had initially <br />been scheduled for December 9, 2009, but was postponed due to snow.) The Division's bond <br />release inspection report is on file at its Denver office. The site inspection was conducted in <br />accordance with Section 3.03.2(2). Tom Kaldenbach represented the Division. The only other <br />persons attending the inspection were Christy Hulsman and Jim Fulton, representing OSM. The <br />OSM representatives did not indicate 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 premising <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(l)(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 />4