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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 a partial Phase H and III bond release at the New Horizon Mine, <br />Division file number C-1981-008. The package contains four parts. These include: 1) procedures and <br />summary of the bond release process; 2) criteria and schedule for bond release; 3) observations and <br />findings of the Division regarding compliance with the bond release requirements of the Colorado Surface <br />Coal Mining Reclamation Act (Act) §§34-33-101, C.R.S. et seq and regulations promulgated thereunder; <br />and 4) the Division's proposed decision on 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 (Rules) 2 CCR 407-2. All Rules referenced within this <br />document are contained within the Regulations. Detailed information about the mining and reclamation <br />operations can be found in the permit application on file at the Division offices, located at 1313 Sherman <br />Street, Room 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 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 1994 through 2002 and 2015. <br />II. Procedures and Summary of the Review Process <br />ERMR applied for a partial Phase III bond release under the Colorado Surface Coal Mining and <br />Reclamation Act following reclamation of the New Horizon Mine. The mine is located in Montrose <br />County, 1.7 miles northwest of the Town of Nucla, Colorado. 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, R15W: W 1/2 NE 1/4; W'/2 SW'/4 NE'/4; NW 1/4; <br />N%2NE1/4SW 1/4;N%2SE1/4;N%a SE1/4SE1/4 <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 />Sec 25 T47N, R16W: SW 1/4 <br />The total permit acreage for the New Horizon Mine area is 916.79 acres. The SL -19 application requests <br />a Phase III bond release on 272.0 acres in Section 6, T46N, R15W of the New Mexico Principal Meridian. <br />Maps prepared by ERMR for this bond release area are located in the SL -19 application and in Appendix <br />A of this document <br />Summary of Bond Releases for the New Horizon Mine <br />SL -01 granted release of 55.6 acres from the northeast corner of the Mine 1 permit area. The property <br />was to be used by Montrose County, the landowner, to expand the adjacent landfill. Release was approved <br />on July 5, 1989. <br />New Horizon Mine SL -19 <br />Page 3 <br />