2011-04-04_REVISION - C1992080 - Laserfiche WebLink

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Hoh e Roberts & Owen LLP Attorneys at Law Chair March 31, 2011 Page 2 undertaken and accomplished by OEI under Colorado and Division law and regulations, which together with OEI's local La Plata County activity, demonstrate that the approved industrial, commercial, residential or recreational post-mining land use has been achieved. OEI further contends that the Division has exceeded its authority by requiring OEI to demonstrate substantial commencement of the post-mining land use by securing building permits for residential properties and pouring foundations within the permitted area prior to bond release. OEI believes it has met all requirements for final bond release. In the alternative, OEI requests that if the Board decides not to grant the final bond release relief OEI seeks that the Board instead direct the Division as part of its mid-term review to recalculate the amount of the bond required to conform with C.R.S. § 34-33-113 which states, "The amount of the bond... required... shall be adjusted by the office from time to time for good cause as affected land acreages are increased or decreased or when the cost of future reclamation changes." (emphasis added) The summary sheet referred to in the first full paragraph on page 17 of the Decision fails to recognize and reflect this requirement of the law. Discussion Specifically, OEI states: A. Substantial Commencement of Land Use. Section 3.02.3 of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining (the "Regulations") provides as follows: For lands with approved industrial or commercial, or residential post mining land use, the minimum period of liability shall continue until the permittee demonstrates that development of such land use has substantially commenced and is likely to be achieved, and until compliance with the revegetation #1524340 0 den