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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 successfully completed all surface coal <br /> mining reclamation operations in accordance with the approved reclamation plan and met all requirements <br /> of the Act and the Rules. <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 Partial Phase I,II and III bond release for the New Horizon North Mine. This proposed <br /> decision will release the applicant from liability for Backfilling,grading, and drainage reestablishment on <br /> 34 acres (Phase I) and the Phase I, II and III liability associated with 1.2 acres of land for the southern <br /> access road and drainage structure underneath AA Road. <br /> PHASE I <br /> The Division proposes to approve the Phase I release of 35.2 acres. 34 acres were backfilled, graded <br /> topsoiled and seeded. The 34 acres are associated with the dryland pasture postmining land use. These <br /> acres are located in the SW 1/4 and NW 1/4 SW 1/4 of Section 25 Township 47 North,Range 16 West of <br /> the 6th P.M. The remaining 1.2 acres are associated with an access road approved to remain as a <br /> permanent,postmining feature. The 1.2 acres are located in the NW 1/4 W 1/2 of Section 36 Township <br /> 47 North,Range 16 West of the 6th P.M. <br /> PHASE II <br /> The Division proposes to approve the Phase II release of 1.2 acres associated with an access road approved <br /> to remain as a permanent,postmining feature. The 1.2 acres are located in the NW 1/4 W 1/2 of Section <br /> 36 Township 47 North,Range 16 West of the 6th P.M. <br /> PHASE III <br /> The Division proposes to approve the Phase III release of 1.2 acres associated with an access road <br /> approved to remain as a permanent, postmining feature. The 1.2 acres are located in the NW 1/4 W 1/2 <br /> of Section 36 Township 47 North, Range 16 West of the 6th P.M. <br /> The Division holds a performance bond of$500,000.00 for the New Horizon North Mine. The current <br /> liability for the site is $450,979.00. The minimum amount that must be retained in accordance with Rule <br /> 3.03.1(2)(a) is $370,052.00. The Division estimates its cost to complete remaining reclamation work at <br /> the site to be$370,052.00. The Division proposes to release$80,927.00. The remaining$419,073.00 is <br /> 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)). The costs associated with this bond release can be <br /> viewed in Table 2 attached with this findings document. The Division identified during the calculation of <br /> Permit Number C-2010-089 Page 8 of 12 <br />