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been minimized to the extent predicted in the approved Probable Hydrologic Consequences section of <br /> the permit. The analysis allows for determination that offsite impacts and material damage have been <br /> prevented in accordance with the approved Probable Hydrologic Consequences section (2.05.6(3)) <br /> and existing Cumulative Hydrologic Impact Analysis. <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 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 Phase III bond release for the New Horizon Mine. This proposed decision will release <br /> the applicant from liability for reclaiming the 2.9 acres of Irrigated Pasture No. 10. <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 $2,361,495.00. The Division estimates its cost to complete remaining reclamation work at <br /> the site to be $2,359,401. The Division proposes to release $2,094.00. The remaining $2,520,900.00 is <br /> sufficient to ensure 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)). Please see Attachment 91 at the end of this Findings <br /> Document for the calculation of the reclamation liability to be released under this Proposed Decision. <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-1981-008 SL-29 Page 9 of 10 <br />