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r , <br />From: Berry, David [mailto:David.Berry@state.co.us] <br />Sent: Monday, October 18, 2010 3:32 PM <br />To: Frank Erisman <br />Cc: Hernandez, Daniel; Kaldenbach, Tom; Pineda, Loretta <br />Subject: <br />Hello Frank-Thanks for the call today, and pending word from Mike, I'll look forward to meeting with you on November <br />4 at 3:00 (here at DRMS). I am including Dan Hernandez and Tom Kaldenbach with this message so that they may also <br />attend. I also copy Loretta Pineda for her information since Mike has corresponded with her in the matter. <br />I understand that this is beyond the November 1 date previously indicated for a response from Oakridge. The additional <br />time is needed to allow the requested discussion. <br />As you review the case, please refer to the Coal rule 3.02.3 (2)( c) requiring that development "...has substantially <br />commenced..." prior to bond release. The concern is that if an alternative land use is approved and serves as the basis <br />for bond release, then the alternative use must be commenced rather than contemplated. This standard is required in <br />lieu of the more usual requirement for reclamation with a 10 year liability period. In the case of Carbon Junction, the <br />DRMS is concerned that the site currently exhibits normal reclamation, but that an alternative development use has not <br />commenced. <br />Thanks, David Berry