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Road west of the 2700 Road in an August 25, 2015 letter. <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 for the disturbances that are the subject of SL -17 in accordance with their approved <br />reclamation plans. <br />VI. 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, II & III bond release of the 5t' Street and BB Road west of 2700 Road at the <br />New Horizon Mine. This proposed decision will release the applicant from liability for all reclamation <br />work on the reconstructed segments of 5t' Street and BB Road depicted on Map 1 of the SL -17 application, <br />including the 60 -foot Montrose County right-of-way for a total of 9.4 acres. <br />PHASE I, II & III <br />The Division holds a performance bond of $5,300,000 for the New Horizon Mine. The current liability <br />for the site is $5,004,413.40. The minimum amount that must be retained in accordance with Rule <br />3.03.1(3)(b) is $4,637,301.26. The Division estimates its cost to complete remaining reclamation work at <br />the site to be $4,637,301.26. The Division proposes to release $367,112.14 (see attached worksheet). The <br />remaining $4,637,301.26 is sufficient to assure completion of the remaining reclamation work at the site <br />if the work had to be performed by the Division, including the cost of reestablishing vegetation on any <br />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 may <br />request a formal public hearing before the Mined Land Reclamation Board in accordance with Rule <br />3.03.2(6). Public notice of this proposed decision will be published twice in the San Miguel Basin Forum <br />as soon as possible. Requests for public hearing must be submitted to the Division in writing within thirty <br />days of the first publication in the San Miguel Basin Forum. If no hearing is requested within those thirty <br />days, the Division's decision will become final. <br />r] <br />