2012-05-14_REVISION - C1981010 (2)

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NV United States Department of the Interior " • `�y ;ate p OFFICE OF SURFACE MINING Reclamation and Enforcement ••`y aq f Western Region Office �q _H 3.,° 1999 Broadway, Suite 3320 Denver, CO 80202 -3050 May 1, 2012 David Berry Division of Reclamation, Mining, and Safety 1313 Sherman Street, Room 215 Denver, CO 80203 -2273 RE: Trapper Mining, Inc. (DR'vIS Permit No. C- 1981 -010) OSM Concurrence for Phase II Partial Bond Release (SL -12) Dear Mr. Berry, OF 4U s � o � suasa�` 0ec�aa�et`i n, p05� 1 1n9 and S This letter acknowledges the Office of Surface Mining (OSM), Denver Field Division's (DFD) receipt and review of the above Phase II Partial Bond Release Proposed Decision document prepared by the Division of Reclamation, Mining, and Safety dated March 27, 2012. The inspection for this bond release was conducted on August 30, 2011. The DFD agrees with the findings and decision document and hereby provides OSM concurrence for the above bond release action in accordance with 30 CFR 740.15 (d) (3), and 30 CFR 906.30, Article IX, Section 24, of the State - Federal Cooperative Agreement. DRMS's Proposed Decision documents the applicant's compliance with the Colorado approved regulatory program at Rule 3.03 of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, and DRVIS's bond release guidelines dated April, 18, 1995. By letter dated September 30, 2010, Trapper Mining, Inc. (TNII), permittee for the Trapper Mine, applied for Phase II bond release for lands in the Ashmore (A), East Flintlock (Z), and Flintlock (F) Pits that were regraded, retopsoiled, and reseeded in accordance with the approved permit in 2005 and 2006. These areas were sampled during 2010 to determine vegetation establishment success. This Phase II bond release applies to 165.5 acres in Parcels F- AB -05, F- AB -06, Z- AB -05, and Z- AB-06. OSM finds that TiVII has met or exceeded the requirements for Phase II bond release on the 165.5 acres of land as described above. DRMS currently holds a performance bond in the amount of $30,173,724.00. TMI is not requesting a reduction to its bond. DRMS has determined that the remaining bond amount of $30,173,724.00 is sufficient to complete all remaining reclamation obligations at this site if the work had to be completed by a third party contractor. OSM concurs with the proposed bond release amount.