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32. Where a permit includes an alternative post- mining land use for <br />industrial, commercial, or residential use, the bond coverage must be maintained <br />throughout the applicable liability period in an amount sufficient for the Division to <br />achieve compliance with applicable revegetation standards under Rule 4.15, in the <br />event the alternative post- mining land use is not developed in the event of bond <br />forfeiture. Rule 3.03.1(3)(e). Because the Operator's permit includes alternative <br />post- mining land use for industrial, commercial, or residential use, adequate bond <br />coverage must be maintained throughout the liability period. <br />33. The Operator has not demonstrated that the development of <br />industrial, commercial, or residential post - mining land use has substantially <br />commenced and is likely to be achieved. <br />34. The Operator's bond liability period will continue until the Operator <br />satisfies the requirements of Rule 3.03.2. Rule 3.02.3(2). <br />ORDER <br />The Board AFFIRMS the decision of the Division to approve the Operator's <br />request for Phases I and II bond release in the bond release area, in the amount of <br />$293,669, and to deny the Operator's request for Phase III bond release. <br />DONE AND ORDERED this day of June 2011. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Elizabeth Paranhos, Chair <br />NOTICE OF APPEAL RIGHTS <br />This order becomes effective and final upon mailing. Any party adversely affected <br />or aggrieved by agency action may commence an action for judicial review by filing <br />a notice of appeal with the district court within thirty (30) days after the effective <br />date of this order, pursuant to section 24 -4 -106, C.R.S. (2010). In the event that an <br />appeal is filed, designations of record made in accordance with section 24 -4- 106(6), <br />C.R.S. should be served on the Board at: 1313 Sherman Street, Room 215, Denver, <br />CO 80203, Attention: Sitira Pope. <br />