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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 Elk Ridge Mining and Reclamation, LLC has completed reclaiming the C-15 Ditch <br /> and the SP-2 Stock Pond at the New Horizon Mine in accordance with the approved reclamation plan. <br /> IV. PROPOSED DECISION <br /> Based on the observations above, the Division proposes to approve Elk Ridge Mining and Reclamation, <br /> LLC's request for a Phase I, II, and III bond release for the New Horizon Mine. This proposed decision <br /> will release the applicant from liability for: all reclamation work on the reclaimed C-15 Ditch and the SP- <br /> 2 Stock Pond. <br /> PHASE I <br /> The Division proposes to approve Phase I bond release on 0.1 acres of Dryland Pasture located in Section <br /> 36 north of the Irrigated Pasture IP-8 and west of 2700 Road. <br /> PHASE II <br /> The Division proposes to approve Phase II bond release on 1.8 acres. 1.7 acres have been reclaimed as <br /> the SP-2 Stock Pond and 0.1 acres have been reclaimed to the C-15 Ditch. Both parcels of reclamation are <br /> located in Section 36 north of the Irrigated Pasture IP-8 and west of 2700 Road <br /> PHASE III <br /> The Division proposes to approve Phase III bond release on 1.8 acres. 1.7 acres have been reclaimed as <br /> the SP-2 Stock Pond and 0.1 acres have been reclaimed to the C-15 Ditch. Both parcels of reclamation are <br /> located in Section 36 north of the Irrigated Pasture IP-8 and west of 2700 Road <br /> The Division holds a performance bond of$2,522,994.00 for the New Horizon Mine. The current liability <br /> for the site is $2,552,994.00. The Division estimates its cost to complete remaining reclamation work at <br /> the site to be$2,512,434.00. The Division proposes to release$10,560.00. The remaining$2,512,434.00 <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 <br /> those areas fail (Rule 3.03.1(3)(a) and 3.01.3(3)(d)). <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 day following the first publication in the San Miguel Basin Forum. If no hearing is requested <br /> within those thirty days,the Division's decision will become final . <br /> C-SL-10 <br /> C1981008 SL26 Page 9 of 9 <br />