2011-06-10_REVISION - C1992080

• Permit No: C1992080
• IBM Index Class Name: Revision
• Doc Date: 6/10/2011
• Doc Name: Findings of Fact Conclusion of Law & Order
• From: DRMS
• To: Holme Roberts & Ownes LLP
• Type & Sequence: SL4
• Email Name: TAK
• Media Type: D
• Archive: No

10. The Operator owns the land surface in the bond release area.
11. The Application requests release of bond liability in the amount of
$405,834, which constitutes all of the reclamation bond the Division currently holds
for the Mine. The instrument for the bond is a JP Morgan Chase Bank Letter of
Credit, number 00331076.
12. Coal mining at the Mine terminated before 1990. Coal was extracted
from two pits at the site, an area of approximately eight acres known as the North
Pit and an approximately three -acre area known as the South Pit.
13. The permit area has experienced three bond releases: SL -01, SL -02,
and SL -03:
a. SL -01 was a liability release approved in 1997. SL -01 granted
release of Phases I, II, and III reclamation liability for 18.34 acres outside the
area addressed by the Application.
b. SL -02 was a full liability release for Phases I -III reclamation of
the South Pit, approved in 2005.
C. SL -03 granted Phase I release for a number of areas at the site,
approved in 2008. Reclamation of the SL -03 bond release area included
backfilling, grading, topsoiling, and seeding.
14. The Permit provides that the area subject to SL -04 Application is
approved for industrial or commercial, or residential post- mining land use.
15. For lands with approved industrial or commercial, or residential post -
mining land use, Rule 3.02.3(2)(c) provides:
[T]he 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 requirement of 4.15.10(2) or alternative requirements of
4.15.10(3) is demonstrated.
16. The disturbed area is approved for industrial or commercial, or
residential post- mining land use and is subject to the minimum liability period.
17. The Operator cited actions it has taken as evidence that development
of the approved post- mining land uses has substantially commenced and is likely to
be achieved, including:
a. dividing the property into 35 -acre tracts;
Oakridge Energy, Inc.
File No. C -92 -080 3