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I. Introduction <br />This document is the proposed decision of the Colorado Division of Reclamation, Mining and Safety (the <br />Division) in response to a request for Partial Phase I bond release at the New Horizon Mine, Division <br />permit number C-1981-008. The package contains four parts. These include: 1) procedures and summary <br />of the bond release process; 2) criteria and schedule for bond release; 3) observations and findings of the <br />Division regarding compliance with the bond release requirements of the Colorado Surface Coal Mining <br />and Reclamation Act and regulations promulgated thereunder; and 4) the Division's proposed decision on <br />the request for bond release. <br />Detailed information about the review process can be found in the Act and the Regulations of the Colorado <br />Mined Land Reclamation Board for Coal Mining. All Rules referenced within this document are <br />contained within the Regulations. Detailed information about the mining and reclamation operations can <br />be found in the permit application on file at the Division offices, located at 1313 Sherman Street, Room <br />215, in Denver, Colorado. <br />The New Horizon Mine is a surface mine which is permitted and operated by Elk Ridge Mining and <br />Reclamation, LLC (ERMR). The New Horizon Mine is located in Montrose County, just west of the <br />town of Nucla, Colorado. The ownership of the land for which bond release has been requested is private, <br />and the coal ownership is private. Reclamation for which bond release has been requested was conducted <br />between 2004 and 2015. <br />The application for SL -18 was submitted on January 26, 2016 by Western Fuels -Colorado, LLC <br />(WFC). During the review of SL -18, WFC submitted a request for a succession of operator (SO -2) on <br />July 18, 2016. SO -2 requested to change the name of the permittee from Western Fuels -Colorado to <br />Elk Ridge Mining and Reclamation, LLC (ERMR). The Division issued a proposed decision to <br />approve SO -2 on October 3, 2016. This proposed decision became final on November 3, 2016. While <br />ERMR is the current permittee of the New Horizon Mine, references to WFC will be used in this <br />findings document to record when an action was initiated by the former permittee WFC. <br />II. Procedures and Summary of the Review Process <br />Western Fuels -Colorado, LLC applied for a partial Phase I bond release under the Colorado Surface Coal <br />Mining and Reclamation Act following reclamation of the New Horizon Mine. The mine is located in <br />Montrose County, 1.7 miles northwest of the Town of Nucla. The mine area is located in the USGS 7.5 <br />minute Nucla Quadrangle map. <br />The permit area is described as: <br />Sec 6 T46N, RI 5W: W 1/2 NE 1/4; W 1/2 SW'/4 NE'/4; NW 1/4; <br />N %2 NE 1/4 SW 1/4; N %2 SE 1/4; N %2 SE 1/4 SE 1/4 <br />Sec 31 T47N, R15W: SW 1/4 <br />Sec 1 T46N, R16W: N %2 NE 1/4 NE 1/4; NW 1/4 NE 1/4; NW 1/4 SE 1/4 NE 1/4; <br />NE 1/4 NW 1/4; N 1/2 SE 1/4 NW 1/4 <br />Sec 36T47N, R16W: SW 1/4; SE 1/4 <br />