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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 Phase R bond release at the New Horizon Mine, Division file number <br />C-1981-008. The package contains four parts. These include: 1) procedures and summary of the bond <br />release process; 2) criteria and schedule for bond release; 3) observations and findings of the Division <br />regarding compliance with the bond release requirements of the Colorado Surface Coal Mining and <br />Reclamation Act and regulations promulgated thereunder; and 4) the Division's proposed decision on the <br />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 presently permitted and operated by Elk Ridge Mining <br />and Reclamation, LLC (ERMR). The New Horizon Mine is located in Montrose County, just west of <br />the town of Nucla, Colorado. The ownership of the land for which bond release has been requested is <br />private, and the coal ownership is private. Reclamation for which bond release has been requested was <br />conducted in 2005 and 2009. <br />The application for SL -15 was submitted on July 23, 2015 by Western Fuels -Colorado, LLC (WFC), the <br />mine's preceding permittee. During the review of SL -15, WFC submitted a request for a succession of <br />operator (SO -2) on July 18, 2016. SO -2 requested to change the name of the permittee from Western <br />Fuels -Colorado to Elk Ridge Mining and Reclamation, LLC (ERMR). The Division issued a proposed <br />decision to approve SO -2 on October 3, 2016. This proposed decision became final on November 3, 2016. <br />While ERMR is the current permittee of the New Horizon Mine, references to WFC will be used in this <br />fmdings 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 II 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 />All or portions of the following: <br />Sec 6 T46N, RI 5W: W 1/2 NE 1/4; W 1/2 SW'/4 NE'/4; NW'/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 />