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<br />placed cubic yards is applied in this analysis). The earthwork estimate was 3,520,000 bcy (Permit,
<br />page 118). The current estimate (Division) of remaining earthwork is 1,959,882 cy. The original
<br />estimate combined backfill of spoil and replacement of topsoil. The Division classifies replacement
<br />of topsoil as a Phase II activity, thus topsoil work is identified separately in this analysis. The quantity
<br />of topsoil required over pit-backfill areas is estimated at 3,224 cy per acre. The earthwork estimate
<br />of 1,560,118 cubic yards is thus credited as 357,864 cubic yards of topsoil (over 111 acres) and
<br />1,202,254 cubic yards of spoil (in the 179 acres backfilled). All earthwork is valued as $0.7172 per
<br />yard (from pages 118 and 120 of the Petmit). Since 57 % of Phase I workhas been accomplished, 57%
<br />of Phase I monies ($1,390,792) may be released (57% of $2,439,986).
<br />One-hundred and eleven of approximately 413 disturbed acres, or 27%, have been seeded. Thus up
<br />to 27% of Phase II monies ($274,498) may be released (27% of $1,016,661).
<br />The total amount of bond proposed for release is $1,787,113 ($121,823 + $1,390,792 + $274,498).
<br />A reduction of $1,787,113 from the $4,402,022 bond leaves a residual bond of $2,614,909. As
<br />$2,614,909 is more than the $2,334,441 required for athird-party to successfully complete remaining
<br />reclamation activities [Rule 3.03.1(2)(d)],and $2,614,909 is more than the $10,000 minimum required
<br />by Rules 3.02.2(3) and 3.03.1(4), a release of $1,787,113 is allowable.
<br />V. PROPOSED DECISION
<br />Based on the observations above, the Division proposes to approve CEC's request for a Phase I bond
<br />release of 179 acres for the Keenesburg Mine. This proposed decision will release the applicant from
<br />liability for backfilling, grading, and drainage reestablishment appropriate to this 179 acres; and
<br />demolition of the coal storage bin, tunnels and loadout facility. Based on the observations above, the
<br />Division proposes to approve CEC's request for a Phase II bond release for 111 acres (of the Phase
<br />I 179 acres) for the Keenesburg Mine. This proposed decision will release the applicantfrom liability
<br />for placement of topsoil and initial seeding appropriate to this 111 acres. This proposed decision will
<br />allow CEC to reduce their reclamationbond from $4,402,206 to $2,614,909, a release of $1,787,113.
<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 The South Weld Sun
<br />as soon as possible. Requests for public hearing must be submitted to the Division in writing within
<br />thirty days of the first publication in the The South Weld Sun. If no hearing is requested within that
<br />thirty days, the Division's decision will become final.
<br />11 August 98
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