2013-08-20_REVISION - C1982056 - Laserfiche WebLink

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ENT OFT United States Department of the Interior Q 9 g OFFICE OF SURFACE MIlVING Reclamation and Enforcement 9 Western Region Office Q�CH �aa 1999 Broadway, Suite 3320 Denver, CO 80202 -3050 RECEIVED AUG 2 0 2013 David Berry, Director Drl &ON 4F RECL QATI0N Office of Mined Land Reclamation INININGAND SAFETy Division of Reclamation, Mining and Safety 1313 Sherman Street, Room 215 Denver, CO 80203 -2273 RE: Partial Approval of SL -1 Phase I Bond Release, Foidel Creek Mine, Permit No. C- 1982 -056, DRMS Proposed Decision and Findings of Compliance, July 29, 2013 Dear Mr. Berry, This letter acknowledges the Office of Surface Mining (OSM), Denver Field Division's (DFD) receipt and review of the above Phase I Bond Release Proposed Decision document prepared by the Division of Reclamation Mining and Safety dated July 29, 2013. DFD agrees with the findings and decision document and hereby provides OSM concurrence for the above bond release action in accordance with 30 CFR 740.15 (d) (3), and 30 CFR 906.30, Article IX, Section 24, of the State - Federal Cooperative Agreement. DRMS's Proposed Decision documents the applicant's compliance with the approved Colorado regulatory program at Rule 3.03.2. This Phase I bond release applies to 14.3 acres associated with the Fish Creek Tipple Pad and associated stockpile footprint, the 9 -right /EMD vent Shaft Pad and the 18 -Right Intake Shaft Pad. The land associated with this release is state and privately owned, the coal was federally owned. OSM and the BLM participated in the bond release inspection on May 29, 2013. By letter dated August 13, 2013 the BLM provided its concurrence with SL -1 (attached). OSM interprets the BLM's concurrence to mean that Twentymile Coal LLC is in compliance with all BLM coal lease stipulations. OSM agrees with DRMS's determination that Twentymile Coal has met or exceeded the requirements for Phase I bond release on the 14.3 acres of land as described above. The Division currently holds a performance bond in the amount of $10,056,089.00 for the Foidel Creek Mine. The Division most recently calculated the reclamation liability associated with this site to be $9,829,302.92 and now proposes to release $347,892.15. DRMS has determined that the remaining reclamation liability amount of $9,481,410.77 is sufficient to assure completion of the reclamation plan if the work had to be performed by the Board or through independent contractors in the event of forfeiture. OSM concurs with the proposed bond release amount.