1994-12-16_GENERAL DOCUMENTS - C1981008

• Permit No: C1981008
• IBM Index Class Name: General Documents
• Doc Date: 12/16/1994
• Doc Name: Proposed Decision & Findings of Compliance for SL3
• From: Phase I/II
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

Findings of the
Colorado Division of Minerals and Geology
for the
New Horizon Mine
Western Fuels of Colorado LLC
Phase I and II Bond Release
I . Procedures for Seeking Release of Performance Bonds (Rule
3 . 03 .2)
The Division finds that, based upon the review process
history, the requirements for seeking release of a portion of
the performance bond for Phase I set forth in Rule 3 . 03 .2 have
been met. Copies of written notices, as required by Rule
3 .03 .2 (1) (a) , have been submitted to the Division. Proof of
publication, in accordance with Rule 3 . 03 . 2 (1) (c) , has also
been submitted. A site inspection was held in accordance with
Rule 3 . 03 .2 (2) .
As . required by Rule 3 .03 .2 (5) (a) this document also
constitutes written notification of the Division' s decision to
not release any part of the performance bond for the Phase II
portion of the bond release request . Reasons for this denial
are outlined in Part III of this report.
II. Criteria and Schedule for Release of Performance Bonds
Phase I - Rule 3 . 03 . 1 (2) (a) states that "up to sixty percent
of the applicable bond amount shall be released when the
permittee successfully completes backfilling, regrading, and
drainage control in accordance with the approved reclamation
plan. "
The operator has requested a Phase I Bond Release for all
portions of the Mine 1 area, with the exception of the area
known as the Rice Tract. The Rice Tract is a disturbed area
bounded by the permit boundary to the north, County Road 2650
to the east, County Road 124 A-A to the south and County Road
2600 to the west, all within Section 25, T47N, R16W, N.M. P.M. ,
98 .4 acres MOL.
The operator has provided certified maps attesting that the
disturbed areas at the pits and office areas have been
backfilled and graded in accordance with the approved plan.
Field investigations by the Division have verified slope
gradients . The regraded slopes have not exhibited any
instability. The Division also finds, in accordance with Rule
4 . 14 . 1 (2) (a) , that the operator has backfilled all spoil to
the degree that stability has been insured and that spoil
piles, highwalls, and depressions have been eliminated.
Backfilled material has been placed to minimize adverse
effects on ground water, as required by Rule 4 . 14 . 1 (2) (b) .
The Division, therefore, finds that the regraded areas meet
3