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The Division scheduled and conducted a bond release inspection on June 5, 2012. The site inspection <br />was conducted in accordance with Rule 3.03.2(2). The inspection was not conducted within 30 days of <br />the completeness date due to weather conditions. Jared Ebert and Sandy Brown with the Colorado <br />Division of Reclamation, Mining and Safety conducted the surety release inspection. Hayden Gulch <br />Terminal, LLC,. the landowner of the parcel of land requested for Phase I bond release, was notified of <br />the inspection via certified mail. The Operators representative, Roy Karo was also notified of the <br />inspection via certified main, but did not accompany the Division during the inspection but met with the <br />Division at the site when the inspection ended. A summary of the bond release inspection and any <br />concerns identified are presented in Section III, below, and detailed observations of the inspection are <br />documented in the June 5, 2012 inspection report. <br />The Division sent the Operator an adequacy review letter dated June 18, 2012. The letter outlined <br />several discrepancies between the requested amount of financial warranty to be released and the <br /> <br />received from the Operator. <br />CRITERIA AND SCHEDULE FOR BOND RELEASE <br />II. <br />PHASE I <br />Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released when the <br />permittee successfully completes backfilling, regrading, and drainage control in accordance with the <br />approved reclamation plan." With regard to a Phase I bond release, the approved reclamation plan for <br />the Hayden Gulch Loadout calls for structure demolition followed by backfilling and grading of the <br />affected land. This is only a partial Phase I bond release of an 11.9 acre portion of the total 202.1 acre <br />disturbed area. The timing of reclamation is discussed in Tab 17 of the permit. The Approved <br />Backfilling and Grading plan is located in Tab 18 of the permit. <br />The affected land is required to be graded to blend into the surrounding topography and the approximate <br />original contour, while maintaining positive drainage as depicted on Exhibit 18-1; Post-Operational <br />Topography and Vegetation map found in the permit. Exhibit B of the SL-1 application shows the <br />constructed post-mining topography and drainage. Exhibit C and D, Hayden Gulch, Tie Across Haul <br />Road Typical Cross Sections and As-built Drainage Profiles of Phase I Bond Request Area, provides <br />representative cross-sections showing final topographic configuration of the SL-1 area and a profile of <br />the Ditch 3 channel. Also, excess coal fines at the site are required to be covered with a minimum of <br />four (4) feet of suitable backfill material. <br />Perimeter drainage channels; Ditch 3a and Ditch 3 were left in place at the site. These channels border <br />the bond release area. These channels are designed to safely convey the peak discharge from a 10-year <br />24-hour storm event in accordance with rule 4.05.3. Designs for these channels were approved prior to <br />the bond release application and are provided in Tab 12, Appendix 12-4 of the permit. The operator is <br />required to grade the area to provide positive drainage. <br />A number of facilities were constructed to support the loadout operation within the SL-1 area that have <br />5 <br />