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the permit. Ring ditches are in place around the topsoil stockpiles. Ponds 1 and 2 and their associated <br /> ditches control the sediment for all the areas that have been disturbed by mining activity. These structures <br /> remain in place and are functioning properly. <br /> 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 ERMR has completed backfilling, grading and drainage reestablishment at the New <br /> Horizon North Mine in accordance with the approved reclamation plan. <br /> IV. PROPOSED DECISION <br /> Based on the observations above, the Division proposes to approve ERMR's request for a partial Phase I <br /> bond release for the New Horizon North Mine. This proposed decision will release the applicant from <br /> liability for backfilling, grading, and drainage reestablishment for the 120.2 acres identified on Map 1 of <br /> the SL-2 application. <br /> PHASE I <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 $4,83 8,971.46. The Division proposes to release $2,221,087.89. <br /> Two different methods were used to determine the releasable bond amount. The first method <br /> removed the tasks associated with SL-2 that have been completed from the updated reclamation cost <br /> estimate. <br /> The second method used the percentage Rule 3.03.1(2)(a) which states that the Division can release <br /> up to 60% of the applicable bond amount for Phase I bond release. The 120.2 acres that are requested <br /> for Phase I bond release in SL-2 make up 76.5% of the 157.1 total disturbed acres as reported in the <br /> 2018 ARR. <br /> The current liability(prior to SL-2) for the site is $4,838,971.46. Sixty percent(60%) of the applicable <br /> reclamation costs for Phase I is $2,903,382.88. The percentage of disturbed area being Phase I released <br /> is 76.5%. 76.5% of$2,903,382.87 is $2,221,087.89. <br /> Table I <br /> Maximum Bond Release Amounts per Rule <br /> SL-02(120.2 acres) Total (157.1 acres) <br /> Phase I - 60% $2,221,087.89 $2,903,382.88 <br /> Phase 11 - 25% $925,453.29 $1,209,742.86 <br /> Phase III - 159 $555,.271.97 $725,,845.72 <br /> Tota 1 $3,.701,,813.16 $4,.838,.971.46 <br /> Permit Number C-2010-089 Page 5 of 6 <br />