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site prior to the approval of SL -18 was $4,667,989.83. Based on the observations above, the Division <br />proposes to approve Western Fuels -Colorado, LLC's request for a partial Phase I bond release of the <br />footprint of the former spoil stockpile, the footprints of three former topsoil stockpiles, the North East <br />Haul Road and the BB Road Detour at Mine 2 at the New Horizon Mine. This proposed decision will <br />release the applicant from liability for backfilling, grading and drainage reestablishment on the 23.5 acres. <br />Two different methods were used to determine the releasable bond amount. The first method removed the <br />tasks associated with SL -18 that have been completed from the reclamation cost estimate updated with <br />SL -16. These tasks totaled $30,353.69, including associated indirect costs. The second method <br />considered using a percentage based on Rule 3.03.1(2)(a) which states that the Division can release up to <br />60% of the entire bond amount for Phase I bond release. The second method, however, is applicable only <br />if the original cost to reclaim the site prior to any bond release is known. Due to the substantial number <br />of bond releases and the changes in costs and acres, the original cost is difficult to calculate. Therefore, <br />the Division will utilize the first method of identifying and removing tasks associated with the 23.5 acres <br />as the applicable bond amount for this SL -18 bond release. As such, the Division will release $30,353.69 <br />with the approval of SL -18. <br />After adjusting the RCE to account for tasks completed under SL -18, the Division determines the costs to <br />complete remaining reclamation to be $4,637,636.14. The remaining $4,637,636.14 is sufficient to assure <br />completion of the remaining reclamation work at the site if the work had to be performed by the Division, <br />including the cost of reestablishing vegetation on any revegetated areas, should those areas fail (Rule <br />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 />C -SL -10 <br />