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extensively.There are also several herds of deer and pronghorn that use the reclaimed East and West Pit.The <br /> wildlife use includes grazing(including winter grazing)and calving areas. <br /> Although not specifically addressed in Rule 3.03.1,the evaluation by the Division must also comply with the <br /> considerations outlined in Rule 3.03.2(2). These include: "results of inspections and monitoring conducted <br /> pursuant to 4.05.13 and 5.02,the degree of difficulty to complete any remaining reclamation,and whether <br /> pollution of surface or subsurface water is occurring,the probability of future occurrence of such pollution, <br /> and the estimated cost of abating such pollution". Colowyo is not requesting release of groundwater or surface <br /> water monitoring requirements through SL-25. Therefore,Colowyo remains in compliance with Rule 4.05.13. <br /> Additionally,all contributing acreage to the Streeter South Side Ditch has either been Phase III bond released <br /> or has been removed from the watershed following final construction of the Upper and Lower Section 3 <br /> Sediment Ponds approved in 2022 under TR155. Therefore,Colowyo also remains in compliance with Rule <br /> 4.05.13. <br /> Summary and Conclusions <br /> The Division has completed its review and evaluation of the SL-25 partial Phase I,II and III Bond Release <br /> application submitted by Colowyo for the Colowyo Mine. The Division proposes a Partial Phase I,II,and III <br /> Bond Release on 1.8 acres in the East Pit for Streeter South Side Ditch.Based upon a review of the mine permit, <br /> the applicant's bond release application,and site inspections,the Division finds that Colowyo has completed <br /> permanent drainage reestablishment at the Colowyo Mine in accordance with the approved reclamation plan for <br /> which partial Phase I,II and III Bond Release was requested. The reclaimed areas evaluated within the SL-25 <br /> bond release request have been reclaimed to the approved variance for post-mining topography. The ditch <br /> conforms to design standards provided in the approved Item 14 Appendix Exh. 7-14SP. <br /> Proper blending of reclaimed areas with undisturbed slopes was achieved and the reconstructed conveyance <br /> channel is stabilized and in good condition. The Division finds that Colowyo has achieved the requirements <br /> for partial Phase I,II and III Bond Release at the Colowyo Mine. <br /> V. PROPOSED DECISION <br /> Based on the observations in Section IV above,the Colorado Division of Reclamation,Mining,and Safety <br /> proposes to approve Colowyo's request for a partial Phase I,II and III Bond Release for the Colowyo Mine. This <br /> proposed decision will release the applicant from liability for backfilling,grading,and drainage control on 1.8 <br /> acres of the site as well as total reclamation liability on 1.8 acres for the Streeter South Side Ditch,as shown on <br /> Figure 1 at the end of this document. <br /> Through additional permit review,it was discovered that the Division holds no bond for the reclamation of <br /> Streeter South Side Ditch.This was likely due to the fact that Streeter South Side Ditch has been in place since the <br /> late 70s or early 80s and was pre-existing disturbance when Colowyo was first permitted.Therefore,while the <br /> Division can Phase III release the 1.8 acres associated with Streeter South Side Ditch,no monies are available to <br /> be released back to Colowyo for this area. <br /> The Division holds a performance bond in the amount of$126,500,000.00 for the Colowyo Mine. The Division <br /> has calculated the amount associated with the partial Phase I,II and III Bond Release area and it totals$0.00.The <br /> Division estimates its cost to complete remaining reclamation work at the Colowyo Mine to be $125,201,748. <br /> This amount is sufficient to assure completion of the remaining reclamation work to the Colowyo Mine if the <br /> work had to be performed by the Division,including the cost of reestablishing vegetation on any revegetated areas, <br /> should those areas fail. <br /> With the releasable amount of$0.00,the Division will still hold a bond in the amount of$126,500,000.00 which is <br /> Proposed Decision and Findings of Compliance <br /> Partial Phase I,II and III Bond Release SL-25 Page 9 of 14 <br />