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for bond release was reduced from 16.4 acres down to 13.1 acres. After field inspections and an evaluation
<br />of the :reclamation work that was performed and that which remained, the Division released a total of
<br />$1,143,807. At the East Mine, the Division released $434,803, which was 15 percent of the total
<br />reclamation liability for that area. The Division released $709,004 at the West Mine, which was 60 percent
<br />of the total reclamation liability for that area.
<br />In a submittal dated June 26, 2007, BRL applied for a partial Phase One Bond Release (SL-3) for
<br />structural demolition and removal at the Bowie No. 1 unit train loadout. The entire project took place from
<br />September of 2006 to January of 2007. The application contained, among other items, a certificate of
<br />service showing that the necessary landowner and agency notifications were sent. The public notice was
<br />published in the Delta County Independent for four consecutive weeks. With all necessary items
<br />submitted, the application was called complete on August 9, 2007, with completeness letters sent the same
<br />day to the appropriate governmental agencies and organizations.
<br />The bond release inspection was held on September 5, 2007. Although notified of the field inspection, the
<br />Office of Surface Mining (OSM) declined to attend. A copy of the bond release inspection report was sent
<br />to OSM. The Division calculated the reclamation cost estimate for the bond release and sent a copy to BRL,
<br />in a letter dated January 8, 2008. In a response letter dated February 11, 2008, BRL accepted the cost
<br />estimate.
<br />The total cost of structural demolition at the Bowie No. 1 Mine Loadout was $2,688,882.00. There was,
<br />however, still some structural demolition work that had not yet been completed at the loadout. Based on
<br />the SL-3 application package and the Division's site inspection on September 5, 2007, the Division
<br />determined that the total amount of reclamation bond liability for the structural demolition that had been
<br />completed at the Bowie No. 1 Mine Loadout was $1,893,923.00. This amount was the applicable amount
<br />that the Division used to determine the releasable amount pursuant to Rule 3.0.3.1(2)(a). On February 22,
<br />2008; the Division proposed to release $1,136,354.00, which is 60% of the applicable amount for SL-3.
<br />The proposed decision public notice was published in the Delta County Independent in the February 27
<br />and March 5, 2008 issues. The 30 day public comment period will end on April 4, 2008.
<br />The 270 day letter for Permit Renewal No. 5 was sent on July 24, 2007. In order to secure the right of
<br />successive renewal, a complete permit renewal package needed to be submitted by October 23, 2007. On
<br />August 31, 2007, the Division received the initial Permit Renewal No. 5 submittal, dated August 28, 2007.
<br />However, the submittal was called incomplete on September 10, 2007 due to needed revisions on the
<br />insurance policy. With the revising of the insurance policy in a second submittal dated September 10, 2007
<br />and received at the Division on September 12, 2007, the application was called complete on September 17,
<br />2007:
<br />Completeness letters were sent to the appropriate agencies and organizations. The completeness public
<br />notice was published in the Delta County Independent in the September 19, 26, October 3 and 10, 2007
<br />issues. The Division received a comment letter from the Office of the State Engineer, dated October 9,
<br />2007 in which that agency stated that they had no objections to the permit renewal application.
<br />The Division's first adequacy review letter was dated October 18, 2007. BRL responded in a submittal
<br />dated November 14, 2007 and received at the Division on November 16, 2007. A second submittal from
<br />BRL, idated December 5, 2007, was received at the Division on December 10, 2007 and included a
<br />threatened & endangered species inventory. This inventory was forwarded by the Division to the Office of
<br />Surface Mining on December 13, 2007, with a request to enter into section 7 consultation with the U.S.
<br />Fish & Wildlife Service. In a letter to the Division dated December 20, 2007, the Office of Surface Mining
<br />concluded that previous section 7 consultations and biological opinions would suffice and that no further
<br />consultation would be needed for this permit renewal.
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