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Permit Number C-2010-089 Page 6 of 6 <br /> <br /> <br />Based on the observations above, the Division proposes to approve ERMR’s request for a partial Phase I, <br />II and III bond release for the New Horizon North Mine. This proposed decision will release the applicant <br />from liability for the sealing of the 3 monitoring wells (GW-47, GW-48 and GW-49) on the Glasier <br />property. No change or reduction of disturbed acres were requested nor were any approved. <br /> <br />PHASE I, II and III <br /> <br />The Division holds a performance bond of $5,254,691.17 for the New Horizon North Mine. The current <br />liability for the site is $4,843,021.01. The minimum amount that must be retained in accordance with Rule <br />3.03.1(2)(a) is $4,843,021.01. The Division estimates its cost to complete remaining reclamation work at <br />the site to be $4,843,021.01. The Division proposes to reduce the required surety by $4,049.55. The <br />remaining $4,838,971.46 is sufficient to assure completion of the remaining reclamation work at the site <br />if the work had to be performed by the Division, including the cost of reestablishing vegetation on any <br />revegetated areas, should those areas fail (Rule 3.03.1(3)(a) and 3.01.3(3)(d)). <br /> <br />Any person with a valid legal interest which might be adversely affected by this proposed decision may <br />request a formal public hearing before the Mined Land Reclamation Board in accordance with Rule <br />3.03.2(6). Public notice of this proposed decision will be published twice in the San Miguel Basin Forum <br />as soon as possible. Requests for public hearing must be submitted to the Division in writing within thirty <br />days of the first publication in the San Miguel Basin Forum. If no hearing is requested within those thirty <br />days, the Division's decision will become final . <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> C-SL-10