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Phase III area of 372.7 acres consisting of permanent features, reclaimed ponds, sealed wells, <br />and reclamation area at the mine site (Mary Pit, Pit 1, and 720 Pit). <br />With SL -05, Kerr Coal Company applied for complete bond release under the Colorado Surface Coal <br />Mining and Reclamation Act following reclamation of the Marr Mine. SL -05 is an application for Phase <br />II and III bond release and termination of State jurisdiction. It was received by the Division on <br />November 5, 2012. The Phase II portion includes the road to the loadout facility, the old shop at the <br />loadout, and the reclaimed sediment pond at the loadout. The Phase III portion includes: <br />• All of the loadout (11.7 acres) <br />• The access road at the mine site (approximately nine acres) <br />• Two parcels at the mine site (total of approximately eight acres). <br />The two parcels at the mine site include a four -acre parcel located south and east of the former mine <br />shop and a four -acre parcel located in the area of the reclaimed explosives storage area (powder <br />magazine). <br />The application was deemed complete on December 14, 2012, after the Division received proof of <br />publication of the applicant's public notice. Kerr Coal Company published notice of the bond release <br />application in The Jackson County Star once weekly for four consecutive weeks, beginning November 8, <br />2012. Kerr Coal Company also notified land owners within and adjacent to the mine permit area, and <br />other interested parties of the application for bond release, as required by Rule 3.03.2(1). <br />No comments, written objections, or requests for an informal conference regarding the bond release <br />application were received by the Division. <br />The Division scheduled and conducted a bond release inspection on December 17, 2012. The site <br />inspection was conducted in accordance with Rule 3.03.2(2) and was attended by Rob Zuber of the <br />Division; Dan MacKinnon of the Office of Surface Mining, Reclamation and Enforcement (OSM); <br />and Gordon Brocker, representing Kerr Coal Company. Other people were invited but did not attend: <br />Douglas Barnett, primary landowner; Joe Sessions, adjacent landowner at the loadout; and Jennifer <br />Maiolo of the Bureau of Land Management. It was determined during this inspection that the two <br />alluvial monitoring wells (AP -1 and AP -2) at the loadout needed to be removed. A follow -up inspection <br />by the Division (May 23, 2013) confirmed that the wells at the loadout were removed. Christine Belka <br />with OSM was informed of the follow -up inspection and was invited to attend; she did not attend, citing <br />OSM travel expense restrictions. The Division received the well abandonment reports for these two <br />wells on June 3, 2013. <br />Subsequent to the December 2012 bond release inspection, another issue arose. The loadout facility <br />was broken into, and vandals left four -wheel drive tracks on the area where the pond was reclaimed <br />and where the pond was accessed. The Division has determined that the amount of damage caused <br />(impacted area estimated to be less than five percent of the loadout area) does not warrant a delay in <br />the bond release process. Nevertheless, the Division, at Ms. Belka's suggestion, requested the <br />permittee to obtain a letter from the surface landowner at the loadout that indicated that the surface <br />landowner was in agreement with the bond release application proceeding forward. This letter was <br />received by the Division on June 14, 2013. <br />