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h MINED LAND RECLAMATION DIVISION Department or Natural Resources 1313 Sherman SI.. Room 2t6 Denver, CO 80203 303 866-3567 Fn%: 303 832 8706 Roy Foner, Governor November 14, 1990 Ms. Kay James Walden Coal Company P.O. Box 229 Boulder, CO 80306 III III III IIIIIII III 999 STATE OF COLORADO ~F. ~~_~O ti~/_- 9 Fc<,p da j;0 u r ~iy~ ~ r876 ~ Fretl R. Barra. Division Duector Re: Transmittal of Inspection Reports, November 7, 1990, Bourg Mine, C-81-021 Dear Ms. James: submittals to the Jackson County Courthouse to ensure the completeness of your files there, I am enclosing the Inspection Reports written as a consequence of the November 7, 1990 inspection at the Bourg Mine. As a reminder, please send copies of the 1990 Annual Reclamation Report, the 1990 Annual Hydrology Report, the certificate of insurance and the last Bond Reduction request I also noticed that the sign at the loadout had the previous phone number listed. Please have the correct phone number put on the sign at both the mine and the loadout. Lastly, you asked if the bond would stay at the value agreed to in this Bond Reduction Request until Phase II Bond Release occurred. I had answered affirmatively, but after some thought on the subject it occurred to me that the Division reviews bonds every 2 1/2 years, at the Midterm and at Permit Renewal, and that conceivably your bond might increase at the Permit Renewal if you had not gone through the Phase II Bond Release process by then. Our current calculations have not been adjusted to reflect the higher fuel prices which have developed since Iraq invaded Kuwait. I have enclosed a copy of Susan's bond calculations for your review. The following excerpt from Dan Mathews' minutes from the May 21, 1990, Vegetation Task Force meeting as pertained to Vegetation Failure Bonding, "Further, we concluded that no monetary release should be applied to revegetation costs until an operator has demonstrated successful establishment of cover, production, species diversity and woody plant density, and the area in question has met the 10-year liability period requirement. In other words, the total cost of revegetation should be retained until complete success is demonstrated at the end of the liability period. This approach would apply to bond readjustment as well as phased bond releases, In essence, upon demonstrating compliance with Phase II release criteria, bond funds tied up in topsoil replacement could be released as long as the amount remaining is at least 15% of the original bond amount. Bond funds associated with revegetation cost would not be released at Phase II or in the context of a bond readjustment prior to the end of the liability period,