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Phase I Bond Release 4 Marr Strip Mine . 720 Pit Area C-80-006 IV. PROPOSED DECISION The DMG proposes to approve the request for Phase I bond release for the 720 Pit area submitted by Kerr Coal Company. Specifically excluded from the release are the office and facilities area, the "pre-law" reclaimed Marr Strip, the railroad loadout and Pit 1 areas. Rule 3.03.1(3)(d) requires the DMG to retain, at a minimum, sufficient bond to complete the approved reclamation plan. Of the original $4,510,644 (total liability for the entire operation), the DMG has determined that $3,618,694 is applicable to the 720 Pit area. A discussion of this determination is attached as Exhibit I. The DMG proposes a decision to approve Phase I and release $2,171,216 (60% of $3,618,694) and retain $2,339,428 to cover the remaining reclamation liability. The DMG estimates the total remaining liability for the mine, following completion of Phase I for the 720 Pit azea, to be $1,044,960. Much of the reclamation work associated with the remaining liability has been completed; however, release of that bond money has not yet been addressed. Furthermore, the DMG currently holds $5,500,000 of bond for the Marr Strip Mine, which is $489,356 in excess of the estimated total liability of $4,510,644. Any person with a valid legal interest which might be adversely affected by the proposed decision of the DMG may request a formal hearing in accordance with Rule 3.03.2(6). The written request must be received by the DMG within thirty (30) days of the first publication of the proposed decision in the Jackson County Star. If no request for a formal hearing is received within thirty (30) days, the proposed decision of the DMG shall be final in accordance with Rule 3.03.2(5)(c). Detailed information about the review process can be found in the Act and the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining. All rules referenced within this document are contained within the Regulations. Detailed information about the mining and reclamation operation can be found in the permit application on file at the DMG office located at 1313 Sherman Street, Room 215, Denver, Colorado, 80203, and at the Jackson County Courthouse in Walden, Colorado.