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United States Department of the Interior OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT BROOKS TOWERS 1020 lSTH STREET DENVER, COLORADO 80202 April 9, 1993 Mr. Michael S. Savage Principal Savage and Savage 464 West Sumac Court Louisville, Colorado 80027-2227 1111111111111111111 999 In Reply Rda To: RE: Clarification of Certain Requirements for SMCRA Phase II Bond Release on Federal Lands Dear Miice: T::~ Y;:r"rase of this letter is to -c~pond to ycur l^tts~ cf March 30, 1993. With respect to the Federal regulations at 30 CFR 800.40(a), a permittee may apply for the release of all or part of a performance bond. Further clarification is found at 30 CFR 800.40(c) which states that "the regulatory authority may release all or part of the bond for the entire permit area or incremencai area if the regulatory authority is satisfied that. all the reclamation or a phase of the reclamation covered by the bond or portion thereof has been accomplished in accordance witi, the following schedules for reclamation c° Phases I, II, anfl III ." Throughout 30 CFR 800.40, reference is made to "release of the bond or portion thereof," and to "applic=t'_c- =_= total or partial bond release." With respect to the question about separating areas from the permit area and bonding them separately, the final Federal regulation at 30 CFR 800.13 (b) allows for the extension of bond liability on limited portions so as not to delay bond release cf the rest of the area (48 FR 32942, July 19, 1983). As discussed in the Federal Register, cited above, "such areas shall be limited in extent and not constitute a scattered, intermittent, or checkerboard pattern of failure." The preamble also discusses disturbance of access areas by indicating that "if access to an area of failure is possible from a public road, by foot, by using a hydroseeder or other means that would not disturb vegetation," then the liability period need not be extended on the access area. However, if the regulatory authority determines that vegetation will be disturbed in an access area, then the liability period on the access area will be extended accordingly.