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25. The Operator has successfully completed backfilling, regrading, and <br />drainage re- establishment in accordance with the approved reclamation plan for the <br />areas subject to the request that had not previously received Phase I bond release. <br />With regard to Phase II bond release, the Operator has established vegetation <br />standards for cover and supports the approved post- mining land uses in the SL -04 <br />bond release area. <br />26. The Operator has only conducted traditional reclamation tasks, <br />including backfilling, grading, topsoiling, and re- establishing vegetation. None of <br />this work was specific to commercial, industrial, residential, or recreation uses. <br />CONCLUSIONS OF LAW <br />27. The Board has jurisdiction over the Operator and this matter pursuant <br />to section 34- 32- 106(1)(e), C.R.S. and the Colorado Surface Coal Mining Reclamation <br />Act, Article 33 of Title 34, C.R.S. ( "Act "). <br />28. For lands with approved industrial, commercial, or residential post - <br />mining land use, "the minimum period of liability shall continue until the permittee <br />demonstrates that development of such land use has substantially commenced and is <br />likely to be achieved, and until compliance with the revegetation requirement of <br />4.15.10(2) or alternative requirements of 4.15.10(3) is demonstrated." Rule <br />3.02.3(2)(c). The Mine is approved for industrial, commercial, or residential post - <br />mining land use. The Operator has complied with the revegetation requirement of <br />Rule 4.15.10(2). However, the Operator has failed to demonstrate that development of <br />such post- mining land use has substantially commenced and is likely to be achieved. <br />29. The Board has discretion under the Act to determine whether an <br />operator has demonstrated that development of industrial, commercial, or residential <br />post- mining land use has substantially commenced and is likely to be achieved <br />30. The Operator's actions do not constitute evidence that development of <br />the approved post- mining land uses has substantially commenced and is likely to <br />be achieved. Achievement of commercial, industrial, and recreational uses for <br />areas outside the SL -04 bond release area does not demonstrate achievement of <br />such uses within the proposed bond release area. <br />31. An operator may qualify for Phase III bond release when the operator <br />has "successfully completed all surface coal mining reclamation operations in <br />accordance with this approved reclamation plan, and the final inspection and <br />procedures of 3.03.2 have been satisfied. This shall not be before the expiration of <br />the period specified for revegetation responsibility in 3.02.3." Rule 3.03.1(2)(c). By <br />failing to demonstrate that development of industrial, commercial, or residential <br />post- mining land use has substantially commenced and is likely to be achieved, the <br />Operator has failed to complete reclamation operations and is not eligible for <br />complete bond release under the Rules. <br />Oakridge Energy, Inc. <br />File No. C -92 -080 5 <br />