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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 backfilling, grading and <br /> drainage reestablishment at the New Horizon Mine in accordance with the approved reclamation plan. <br /> During the review of the SL-27 application the acres associated with DP-18, DP-20,DP-21,PF-I and IP- <br /> 12 was calculated to be 89.1 acres with old maps. The operator used AutoCAD to calculate the acres <br /> associated with these five areas. The result was 85.5 acres in total. The operator requested the release of <br /> 85.5 acres based on the new calculation. Based on the acreages calculated with AutoCAD,the Division <br /> agrees that those numbers are the most accurate. <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 bond release for the New Horizon Mine. This proposed decision will release <br /> the applicant from liability for 60% of the costs associated with backfilling, grading and drainage <br /> reestablishment of the 85.5 acres requested under the release. These areas include the dryland pastures <br /> DP-18,DP-20 and DP-21. The prime farmland area PF-1. As well as,the irrigated pasture area IP-12. <br /> PHASE I <br /> The Division proposes to approve the Phase I release of 85.5 acres.All 85.5 acres were backfilled,graded, <br /> topsoiled and reestablished drainages. These acres are located in the SW 1/4 and SE'/4 E '/2 of Section 36, <br /> Township 47 North, Range 16 West of the 6t'P.M. <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 $2,516,086.00. The minimum amount that must be retained in accordance with Rule <br /> 3.03.1(2)(a) is $2,516,086.00. The Division estimates its cost to complete remaining reclamation work <br /> at the site to be $2,349,084.00. The Division proposes to release $167,002.00. The remaining <br /> $2,355,992.00 is sufficient to assure completion of the remaining reclamation work at the site if the work <br /> had to be performed by the Division, including the cost of reestablishing vegetation on any revegetated <br /> areas, should those areas fail (Rule 3.03.1(3)(a) and 3.01.3(3)(d)). Please see Table 2 attached to the end <br /> of this Findings document for details on the reclamation tasks associated with this bond release. <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 /> Permit Number G 1981-008 Page 8 of 12 <br />