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'5 <br />s <br />M?rm? <br />David Berry <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />F United States Department of the Interior <br />April 13, 2011 <br />1 A'?Q <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />Western Region Office <br />H 3 ? 1999 Broadway, Suite 3320 <br />Denver, CO 80202-3050 <br />Denver, CO 80202 <br />a? <br />F?`suRF1? <br />RE: Phase I, II, and III Bond Release (SL-7), Roadside Portals Mine <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 I, II, and III Bond Release Proposed Decision document <br />prepared by the Division of Reclamation, Mining and Safety (DRMS) dated March 16, 2011. <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 I, II, and III bond release applies to 75.2 acres consisting of the Unit Train Loadout <br />and associated facilities, Permanent Flood Control Dike, Railroad Spur and Overland Conveyor <br />areas. A post mining land use of "Industrial/Commercial" has been approved for this area. <br />OSM finds that Snowcap Coal Company (SCC) has met or exceeded the requirements for Phase <br />I, II, and III bond release on the 75.2 acres of land as described above. DRMS currently holds a <br />corporate surety performance bond in the amount of $1,640,413.00. This action will release <br />$635,157.00, which is $25,904.00 less than the amount of $661,061.00 requested for release by <br />SCC. The reason for this difference is that SCC used old reclamation costs in the estimate that <br />was submitted with the SL-7 bond release application. DRMS has determined that the remaining <br />bond amount of $1,005,256.00 is sufficient to assure the completion of the reclamation plan if <br />the work had to be performed by the Board or through independent contractors in the event of <br />forfeiture. OSM concurs with the proposed bond release amount.