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United States Department of the Interior ors OF <br />OFFICE OF SURFACE MINING A <br />Reclamation and Enforcement? <br />Western Region Office ?pyPSUR <br />1999 Broadway, Suite 3320 /s <br />Denver, CO 80202-3050 R5C <br />DEc 0 2 zolo <br />December 1, 2010 UNW611 U) ftec , <br />Wi4a and SaWl <br />David Berry <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80202 <br />RE: Partial Phase II and III Bond Release-(SL-6), Roadside Portals Mine (South-) ` <br />Permit No. C-1981-041, DRMS Proposed Decision and Findings of Compliance <br />Dear Mr. Berry, <br />This letter acknowledges the Office of Surface Mining (OSM), Denver Field Division's (DFD) <br />receipt and review of the above Phase II and III Bond Release Proposed Decision document <br />prepared by the Division of Reclamation, Mining and Safety (DRMS) dated November 4, 2010. <br />DFD agrees with the findings and decision document and hereby provides OSM concurrence for <br />the above bond release action in accordance with 30 CFR 740.15 (d) (3), and 30 CFR 906.30, <br />Article IX, Section 24, of the State-Federal Cooperative Agreement. <br />DRMS's Proposed Decision documents the applicant's compliance with the Colorado approved <br />regulatory program at Rule 3.03.2, and DRMS's bond release guidelines dated April, 18, 1995. <br />This Phase II and III bond release applies to 14.8 acres in the South Portal are and associated <br />facilities. This same 14.8 acre area received Phase I bond release in January, 2009 (SL-4). The <br />reclamation work was performed between 2000 and 2008. A post mining land use of <br />"Industrial" has been approved for this area. <br />OSM finds that Snowcap Coal Company has met or exceeded the requirements for Phase II and <br />III bond release for an industrial post mining land use on the 14.8 acres of land as described <br />above. DRMS currently holds a performance bond in the amount of $1,640,413.00. For this <br />bond release, DRMS is not proposing to release any bond money. Recently, DRMS performed a <br />midterm review (MR-6) and is also working on another bond release application (SL-7) for this <br />mine. DBMS will reevaluate the bond after these concurrent permitting actions are concluded. <br />OSM concurs with the proposed bond release amount. <br />Thank you and your staff for coordinating this Federal mine bond release action through the <br />DFD. Please direct any questions concerning this action to Elizabeth Shaeffer, Environmental <br />Protection Specialist at ehhaeffer@osmre.gov or (303) 293-5025.