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BB Road and 2700 Road were included in the Phase I bond release portion of SL -11, which was <br />approved in June 2009. Because there were no topsoil or revegetation requirements, a separate <br />Phase II bond release was not requested. Therefore, this current application effectively requests <br />both Phase II and Phase III release for the reconstruction of BB Road and 2700 Road. <br />Summary and Conclusions <br />Based upon a review of the mine permit, the applicant's bond release application, and site <br />inspections, the Division finds that Western Fuels- Colorado, LLC has successfully completed all <br />surface coal mining reclamation operations in accordance with the approved reclamation plan and <br />met all requirements of the Act and the Rules. <br />IV. PROPOSED DECISION <br />Based on the observations above, the Division proposes to Approve Western Fuels - Colorado, LLC's <br />request for a partial Phase I and a partial Phase III bond release for the New Horizon Mine. This <br />proposed decision will release the applicant from liability for backfilling, grading, and drainage <br />reestablishment on 100.16 acres, the Phase I areas delineated on Maps R -1 and R -2 submitted with <br />the application. The applicant is also released from liability for all reclamation work on the Phase <br />III areas — the reconstructed segments of BB Road and 2700 Road depicted on Map R -1, including <br />the 60 -foot wide County right -of -way, a total of 7.22 acres. <br />PHASE I AND PHASE III <br />The Division holds a performance bond of $5,702,700.81 for the New Horizon Mine. The Division <br />proposes to release $589,160.49, representing reconstruction costs for BB Road and 2700 Road. <br />The remaining $5,113,540.32 is sufficient to assure completion of the remaining reclamation work <br />at the site if the work had to be performed by the Division, including the cost of reestablishing <br />vegetation on any revegetated areas, should those areas fail (Rule 3.03.1(3)(a) and 3.01.3(3)(d)). <br />Any person with a valid legal interest which might be adversely affected by this proposed decision <br />may request a formal public hearing before the Mined Land Reclamation Board in accordance with <br />Rule 3.03.2(6). Public notice of this proposed decision will be published twice in the San Miguel <br />Basin Forum as soon as possible. Requests for public hearing must be submitted to the Division in <br />writing within thirty days of the first publication in the San Miguel Basin Forum. If no hearing is <br />requested within those thirty days, the Division's decision will become final. <br />9 <br />