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approved on January 5, 2016. <br />SL -17 approved Phase I bond release for 5.8 acres and Phase II and III on 9.4 acres. The bond release was <br />approved on March 1, 2016. <br />SL -18 approved Phase I bond release for 23.5 acres. The bond release was approved on January 10, 2017. <br />SL -19 was received by the Division on July 28, 2016. The application was deemed complete on <br />September 9, 2016, after the Division received proof of publication of the applicant's public notice. ERMR <br />published notice of the bond release application in San Miguel Basin Forum once weekly for four <br />consecutive weeks, beginning June 30, 2016. ERMR also notified landowners within and adjacent to the <br />mine permit area and other interested parties of the application for bond release, as required by Rule <br />3.03.2(1). Written objections were received from Elma and Elmer Burbridge and Jim Guire of GW46 <br />Irrevocable Trust (GW46). <br />SL -20 approved Phase II and III bond release for 2.0 acres on the Benson East property. The bond release <br />was approved on December 15, 2017 <br />III. Criteria and Schedule for Bond Release <br />PHASE II <br />Rule 3.03.1(2)(b) states, "Up to eighty-five percent of the applicable bond amount shall be released upon <br />the establishment of vegetation which supports the approved postmining land use and which meets the <br />approved success standard for cover... based on statistically valid data collected during a single year of the <br />liability period". <br />Phase II bond release is being approved for Ponds 7 and 8. Both ponds have been permitted as permanent <br />features along with their associated embankments, topsoil piles, spillway structures and inlet structures. <br />Pond 7 was granted Phase I bond release in SL -6 which was approved on July 23, 1999. San Miguel <br />Power Association, Inc. was the land owner at the time Pond 7 was requested to be retained as a permanent <br />feature. The letter requesting Pond 7 to be retained as a permanent feature and the Demonstration for <br />Retention are both located in Attachment 2.05.3(3)-16 of the permit. <br />Pond 008 was granted Phase I bond release in SL -8 which was approved on October 25, 2002. Ward and <br />Elma Burbridge were the landowners at the time Pond 8 was requested to be retained as a permanent <br />feature. The letter requesting Pond 8 to be retained as a permanent feature and the Demonstration for <br />Retention are both located in Attachment 2.05.3(3)-19 of the permit. <br />Phase II bond release is being approved for the Northeast haul road and the associated topsoil stockpiles. <br />The haul road and the associated topsoil stockpiles were granted Phase I bond release in SL -18 on January <br />10, 2017. The post mine land use was changed in TR -75 (approved December 16, 2016) to retain the haul <br />road and topsoil stockpiles as permanent features as requested by the landowners: Michael Moore, Lester <br />Goforth and Melvin Staats. These letters are in Attachment 2.05.4(2)(e)-12 of the permit and Appendix <br />B of this document. Jim Guire of GW46 requested that the haul road across his property be reclaimed as <br />New Horizon Mine SL -19 <br />Page 5 <br />