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~~ <br />10 <br />III. <br />Proposed Decision <br /> <br />The Division proposes to approve the bond release request for the north facing slopes at <br />the No. 1 portals, with the exception of the 20-foot long section of the 2h:ly located at the <br />southern extent of the reclaimed substation area. The Division proposes to release the <br />backfill and grading liability of the pre-existing highwall located between the remaining shop <br />building and the two concrete pads. The backfilled and graded slopes at the No. 2 Portal <br />area and the coal waste bank meet the criteria of Rule 4.14 and 4.10. The Division <br />proposes to release liability for the coal waste bank and backfilled slopes, with the exception <br />of the 37% slope section adjacent to the western most check dam/catchment basin. This <br />section of slope that remains steeper than the required 3h:ly cannot be released at this <br />time. <br />The permanent diversion structures have been installed as specified in the approved permit. <br />The Division proposes to release the reclamation liability associated with their construction. <br />The Division finds that retention of the permanent stream channel diversion complies with <br />Rules 4.05.4, 2.06.5 (2)(a)-(f), and 4.27.4, and therefore proposes to approve reclamation <br />liability release of this structure. Maintenance of the drainage control structures remain the <br />responsibility of Energy Fuels Mining Company until final bond release is approved by the <br />Division. <br />The Division conducted a review of the reclamation liability of remaining reclamation tasks <br />associated with the Raton Creek Mine in February 1995, in conjunction with amid-term <br />review of the permit. Due to the estimated cost of $231,070.00 associated with reclamation <br />work remaining to be performed, as compared to the $205,831.00 amount of bond currently <br />held by the Division, no monetary release will occur at this time. This proposed approval <br />will release the reclamation liability associated with the backfilling and grading, and with <br />the construction of the drainage control structures. The difference of $25,239.00 between <br />the remaining estimated costs and existing bond is currently being addressed in the 1995 <br />mid-term initiated February 17, 1995. <br />m:\coal\jhb\C82055\BRIfind <br />