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7 <br /> <br />IV. Observations and Findings <br /> <br />The BB Detour Road was constructed in June 2000 to give public access for areas north of the mine while <br />portions of the BB Road and 2700 Road were closed for mining operations. The BB Road and 2700 Road <br />were re-opened by October 2008. The BB Detour Road was then closed for public use. <br /> <br />Access to the former BB Detour Road is restricted on the west end by a locked gate at the intersection <br />with 2700 Road. The east end of the road ends at the Richards property. The road on the Richards property <br />was removed and the area reclaimed. There is a fence on the property line between the Benson and <br />Richards’ property. The road is approximately 1100 feet long and 25 feet wide. <br /> <br />The asphalt will remain as part of the road structure and was in fair condition. Culverts 119 through 124 <br />will also remain as part of the road structure. The culverts were free and clear of obstructions. All other <br />structures that may have been associated with the roadway have been removed, such as road signs, <br />reflectors and guardrails. <br /> <br />The north side of the road is well vegetated with grasses, shrubs and trees and appears to be stable. The <br />south side of the road is also well vegetated on the west and middle sections of the road. The last 150 feet <br />of the southeast end is a steep slope which is a result of the road cut. The slope consists of a shaley <br />unconsolidated soil that supports very little vegetation. <br /> <br /> <br />V. Summary and Conclusions <br /> <br />Based upon a review of the mine permit, the applicant's bond release application, and site inspections, the <br />Division finds that Elk Ridge Mining and Reclamation, LLC has completed backfilling, grading and <br />drainage reestablishment for the disturbances that are the subject of SL-20 in accordance with their <br />approved reclamation plans. <br /> <br />VI. Proposed Decision <br /> <br />Based on the observations above, the Division proposes to approve Elk Ridge Mining and Reclamation, <br />LLC's request for a partial Phase II & III bond release of 2.0 acres of the former BB Detour Road on the <br />Benson property at Mine 2 of the New Horizon Mine. This proposed decision will release the applicant <br />from liability for all reclamation work on the 2.0-acre segment of BB Detour Road depicted on Map 1 of <br />the SL-20 application. <br /> <br /> <br />PHASE II & III <br /> <br />The Division holds a performance bond of $5,300,000 for the New Horizon Mine. The current liability <br />for the site is $4,667,081.85. The Division proposes to release $85,532.38. The remaining $4,581,549.47 <br />is sufficient to assure completion of the remaining reclamation work at the site if the work had to be <br />performed by the Division, including the cost of reestablishing vegetation on any revegetated areas, should