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Pond 11 was the primary sediment control for the Morgan property and was located on the northwestern <br />corner of the property, south of the BB Road and east of the Enstrom property line. The landowners <br />requested, in a letter dated May 25, 2015, that the pond be removed prior to Phase II bond release because <br />it would interfere with several irrigation systems. MR -94 was approved on June 4, 2015 to remove Pond <br />11 and employ alternate sediment control structures. <br />The parcel of land being requested for bond release was walked by all in attendance for the bond release <br />inspection. Overall the field looked very good as did the vegetation. The vegetation consisted of alfalfa <br />and a cover crops of oats. Some erosion was noted in the middle of the field which was a result of the <br />irrigation system. The erosion was caused by the wheels of the center pivot creating small trenches where <br />water flowed to the lowest point, overtopped the wheel trench and created small rills in the field. The oats <br />and alfalfa limited the extent of the erosion to a small area by dispersing the concentrated flow. Mr. <br />Morgan placed straw wattles in the pivot wheel tracks which has slowed the water movement in the wheel <br />trenches and reduced the rills. Mr. Morgan feels that this erosion issue will go away as the alfalfa matures. <br />The oats and alfalfa crop looked very good. Some weeds were sparsely scattered but overall there were <br />very few in the reclaimed areas. Some noted species were common purslane, buffalobur and redroot <br />pigweed. The irrigated cropland reference area had significantly more common purslane and redroot <br />pigweed than the reclaimed area. These species should become crowded out as the alfalfa matures. <br />The Morgans (landowners) have been extensively involved and worked closely with the operator, WFC, <br />during the backfilling, grading, topsoiling and planting of their fields. They are very pleased with the final <br />contour of their property and provided a letter during the inspection stating their satisfaction. <br />V. Summary and Conclusions <br />Based upon a review of the mine permit, the applicant's bond release application, and site inspections, the <br />Division finds that Western Fuels -Colorado, LLC has completed backfilling, grading and drainage <br />reestablishment at the New Horizon Mine in accordance with the approved reclamation plan. <br />VI. Proposed Decision <br />Based on the observations above, the Division proposes to approve Western Fuels -Colorado, LLC's <br />request for a Phase I bond release for the New Horizon Mine. This proposed decision will release the <br />applicant from liability for backfilling, grading, and drainage reestablishment on the 107.8 acres of Morgan <br />property - <br />PHASE I <br />roperty. <br />PHASEI <br />