2011-03-31_GENERAL DOCUMENTS - C1981033

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FINDINGS OF THE COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY PARTIAL PHASE I BOND RELEASE The process of releasing the reclamation liability bond for a mine site is explained in Rule 3.03 and further described in the Division's 1995 Guideline Regarding Selected Coal Mining Bond Release Issues. The bond release process involves three phases. At Phase I, up to sixty percent of the total reclamation bond can be released for successful completion of structural removal, backfilling, grading and drainage control as required by the approved plan. At Phase II, up to 85 percent of the total reclamation bond can be released for successful establishment of vegetation which supports the approved post mining land use and which meets the approved success standard for cover and species composition. In addition, a demonstration must be made that the revegetated disturbed land does not contribute suspended solids in excess of that from the pre-mining land or that from adjacent and comparable undisturbed land, as required in the approved plan. At Phase III, the remaining reclamation bond can be released upon completion of all of the reclamation work, but not before a period of ten years has passed after the last augmented seeding, fertilizing, irrigation or other work. A demonstration must be made that all revegetation success standards, usually for cover, production and woody plant density, have been met for at least two consecutive years of the ten year bond liability period. There are additional considerations in the bond release process. One consideration is that no more than sixty percent of the reclamation bond can be released if the suspended solids level from the reclaimed area is greater than that of pre-mining levels or from adjacent, undisturbed areas. Another consideration is that the Division can not release any reclamation bond that would result in insufficient funds to finish the remaining reclamation work. The operator must submit a formal request to the Division for each reclamation bond release phase. The specific items that need to be addressed in the submittal are listed in the 1995 Guideline Regarding Selected Coal Mining Bond Release Issues. Notification of the bond release request is made with the publication of a public notice and by notification letters sent to adjoining landowners, surface owners and various local government agencies. When the Division calls the submittal complete, a field inspection and evaluation are conducted to determine the status of the reclamation work that was performed. The field inspection and evaluation are to be held within thirty days of completeness or as soon as weather permits thereafter. The evaluation also must take into account the results of past monthly inspections, surface and ground water monitoring data and whether pollution of surface or subsurface water is occurring, the probability of such future pollution and the estimated cost to abate pollution, the stability of the reclaimed surface lands and the degree of difficulty and estimated cost to complete any remaining reclamation. The inspection and evaluation report is to be made available to the public at the Division's offices. Objections to the bond release may be made within thirty days of the submittal completeness date or within thirty days of the completed field inspection. After this initial process has been completed, the Division makes its proposed decision. The proposed decision is made by the Division as to whether to release or not release all or a portion of the reclamation bond. Written notification of the proposed decision is sent to the permittee, the surety company and interested parties. The written notification details in a findings document the reasons for the proposed decision, provides recommendations for any additional work needed to complete the bond release and informs the parties of their right to appeal the proposed decision.