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Based on the RUSLE demonstration, erosion is predicted to be less in the post -mine conditions then it <br />was in pre -mine conditions. Observations made during the bond release inspection, as well as <br />observations made during previous inspections, indicate that the irrigated and dryland pasture areas <br />requested for Phase II bond release are stable with good vegetative cover. The Division finds that the <br />method ERMR provided for demonstrating that the reclaimed lands are not contributing suspended <br />solids to streamflow or runoff outside the permit area in excess of pre -mining levels is valid. <br />The topsoil replacement depths observed by the Division on the Richards and Benson properties were <br />deeper than reported by ERMR but less than required by the permit. This observation is consistent with <br />other topsoil test holes that were dug on other parts of the properties and previously approved in SL -11. <br />This issue was discussed between Brock Bowles, senior environmental protection specialist Dan <br />Hernandez and Coal Program Supervisor Mike Boulay during the review of SL -15. It was decided the <br />amounts of topsoil replaced in the SL -15 bond release parcels are sufficient to achieve the approved post - <br />mining land uses. This was because the vegetation requirements have been met, erosion predictions are <br />below that of premining levels, Mr. Richards' representative attended the inspection but did not submit <br />comments, Mr. Benson submitted a comment supporting SL -15, and the same topsoil replacement depths <br />were approved in SL -11. <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 for the 111.4 acres subject to SL -15, ERMR has completed topsoil redistribution <br />sufficient to achieve the approved post -mining land uses, and has achieved vegetative cover <br />reestablishment in accordance with the approved reclamation plan. <br />VI. Proposed Decision <br />Based on the observations above, the Division proposes to approve ERMR's request for a partial Phase II <br />bond release on 111.4 acres at the New Horizon Mine. This proposed decision will release the applicant <br />from liability for topsoil redistribution and establishing vegetative cover that supports the approved <br />postmining land use. <br />PHASE II <br />The Division proposes to approve SL -15 with the initial reclamation cost estimate of $4,637,636.14. As <br />a result of the work accomplished for SL -15, the reclamation cost estimate is proposed to be reduced by <br />$135,673.14 for a remaining liability of $4,501,963.00. <br />The Division presently holds a self -bond in the amount of $5,300,000 for the New Horizon Mine. The <br />Division proposes to release $135,673.14 via SL -15. Should the $5,300,000 bond be reduced to <br />$4,501,963.00, this amount will be sufficient to assure completion of the remaining reclamation work at <br />the site if the work had to be performed by the Division, including the cost of reestablishing vegetation on <br />