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?v °?ro <br />5t--+ <br />Kaldenbach, Tom <br />From: Berry, David <br />Sent: Monday, November 08, 2010 11:44 AM <br />To: Kaldenbach, Tom <br />Subject: FW: Oakridge Energy Carbon Junction Mine SL4 Bond Release Application <br />Two of two. <br />From: savageandsavage@earthlink.net [mailto:savageandsavage@earthlink.net] <br />Sent: Monday, November 08, 2010 10:20 AM <br />To: Hernandez, Daniel; Berry, David <br />Cc: Frank.Erisman@hro.com; jeff.mcgaughran@hro.com; chiray0830@gmail.com <br />Subject: Oakridge Energy Carbon Junction Mine SL4 Bond Release Application <br />Dear Dave and Dan; <br />In furtherance of our discussions Thursday we would like to proceed with one of Dan's proposals in his <br />September 30, 2010 e-mail tome (see below). Option 2 offers that Oakridge submit a letter to the Division <br />requesting a partial approval of the SL4 Phase III Bond Release Application in the form of a site-wide Phase II <br />bond release request, which would have the benefit of immediate release of a portion of the reclamation bond <br />held by the Division, and defer the issue of "substantial commencement" of the approved post-mining land use. <br />Please confirm that this option would not require re-publication or re-initiation of public comment periods and <br />the Division would be able to immediately release 85% of the reclamation bond, in accordance with a Phase 11 <br />release, allowing for the Division's standard procedures related to funding approved bond release. Please <br />proceed with this option, and if possible, provide us with an estimate of when the released funds would be <br />available. <br />As discussed Thursday, it appears that we are unable to come to an agreement on the meaning and intention of <br />the statute's "substantial commencement" language with respect the post-mining land use and full bond release. <br />Frank Erisman and Jeff McGaughran are further reviewing the legal aspects on the "substantial <br />commencement" issue, and will continue to pursue resolution of that issue and a complete Phase III release of <br />the final reclamation bond and liability. As we discussed, Frank and Jeff anticipate providing additional <br />information regarding their position on the "substantial commencement" language and a complete release to the <br />Division for consideration later this week. <br />Thank you, <br />Mike Savage <br />Savage and Savage, Inc. <br />