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Bear No. 3 Mine Partial Phase I Bond Release Office Review <br />In addition to the information supplied by the Bear Coal Company in the SL-4 submittal and the <br />information gathered in the SL-4 bond release field inspections, the Division also reviewed the pertinent <br />information from the permit application package, water monitoring data, annual reports and the <br />Division's past monthly inspection reports. <br />The Division's monthly inspections and the Annual Reclamation Reports have shown that the areas that <br />are being considered for Phase I bond release have been stable for many years. The backfilled areas have <br />not shown any signs of slope instability or erosional gullying since reclamation was performed in 1997. <br />The vegetative cover on the backfilled slopes has been good for many years as well. Previous inspection <br />reports by the Division also show that the sediment control system and the hillside spring water treatment <br />system are fully functional. <br />The Division also reviewed the surface and ground water monitoring data presented in the Annual <br />Hydrology Reports and in the Colorado Department of Public Health and the Environment's Discharge <br />Monitoring Reports. The hillside spring water was also included in the hydrologic monitoring data. The <br />Division concludes that the mining and reclamation activities at the Bear No. 3 Mine have not had a <br />negative effect on the surface and ground water regimes. <br />The post mining land uses are the same as the pre mining land uses, namely, undeveloped land and <br />limited residential use. The backfilling and grading work and the revegetation efforts support these uses. <br />The Division has completed a reclamation cost estimate review for SL-4. Because the Bear Coal <br />Company has not requested a Phase I bond release for the entire site, the proposed release amount is less <br />than the maximum release that is allowed by Rule 3.03.1(2)(a). The Division currently holds a bond of <br />$279,224.00. The maximum bond that can be released is $167,534.40. However, the Division has <br />calculated that the reclamation tasks that remain would cost $130,391.00 for a third party to complete. <br />This is the required bond amount and the Division is proposing to release $148,833.00 through SL-4. <br />SUMMARY AND FINDINGS OF COMPLIANCE <br />The Division has completed its review and evaluation of the Partial Phase I Bond Release request <br />submitted by the Bear Coal Company for the Bear No. 3 Mine. The Division finds that all reclamation <br />requirements, as detailed in the Division's Proposed Decision and Findings of Compliance for the Partial <br />Phase I Bond Release (surety release SL-4), have been successfully performed in compliance with the <br />reclamation plan that was approved in the Bear No. 3 Mine permit application and with the Regulations of <br />the Colorado Mined Land Reclamation Board for Coal Mining and the Colorado Surface Coal Mining <br />Reclamation Act. The Division's findings are based on the evaluation of the information supplied in the <br />Bear Coal Company's SL-4 bond release submittal, as well as on information gathered in the bond release <br />field inspection, previous field inspections and review of the permit application package. <br />Rule 3.03.1(2)(a) states that "Up to sixty percent of the applicable bond amount shall be released when <br />the permittee successfully completes backfilling, regrading and drainage control in accordance with the <br />approved reclamation plan." However, not all of the disturbed area was included in the SL-4 submittal. <br />The total reclamation liability estimate for the Bear No. 3 Mine was calculated by the Division to be <br />$279,224.00. Based on the reclamation completed at the Bear No. 3 Mine, the Division is proposing to <br />release less than the maximum sixty percent of the applicable bond liability, or $148,833.00.