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IV. PROPOSED DECISION <br />Based upon the above observations, the Colorado Division of Reclamation, Mining and Safety <br />proposes to approve Western Fuels-Colorado's (WFC) request for a Phase I, II, and III Bond Release, <br />SL-09 for the New Horizon Mine. The proposed decision will release the applicant from all <br />reclamation liability, as discussed eazlier in this document, on 21 reclaimed groundwater monitoring <br />wells and 27 reclaimed exploration boreholes. <br />PHASES I, II, and III BOND RELEASE <br />WFC is self-bonded in the amount of $2,500,000.00 for the New Horizon Mine. The required surety <br />fot the New Horizon Mine, prior to this Phase I, II, and III Bond Release, is $1,775,543.20. No <br />money will be released with approval of this Phase I, II, and III bond release application. The <br />Division reviewed the estimated reclamation costs for the New Horizon Mine with the 2005 Midterm <br />Review, and found that WFC would need to revise the reclamation cost estimate to increase their <br />liability to reflect existing site conditions and current costs. Reclamation costs aze being revised for <br />the entire site in Technical Revision No. 54 (TR-54) resulting from the 2005 Midterm Review. TR- <br />54 is pending approval by the Division. During that review, it was determined that reclamation work <br />for the 21 wells and 27 boreholes had been completed, but a bond release request had not been <br />initiated. WFC requested a liability release only in the Phase I, II, and III bond release application, so <br />that costs for reclamation of these wells and boreholes would not be included in the revised <br />reclamation cost estimate being prepared for TR-54. As previously mentioned, reclamation work for <br />the wells and boreholes was completed from 1992 to 2005, but no bond release request had been <br />initiated. The abandoned and reclaimed boreholes aze in an azea projected to be mined or already <br />been mined, and aze also covered in the reclamation cost estimate for backfilling, grading, topsoil <br />redistribution, and revegetation of the pit azea. <br />This concludes the Findings for the Phase I, II, and III bond release SL-09 at the New Horizon Mine. <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 <br />Forum as soon as possible. Requests for public hearing must be submitted to the Division in writing <br />within thirty days of the first publication in the San Miguel Basin Forum. If no hearing is requested <br />within thirty days, the Division's decision will become fmal. <br />8 <br />