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IV. PROPOSED DECISION <br />Based on the observations above, [he Division proposes to approve Wester Fuel's request for a Phase 1 bond release <br />for the New Horizon Mine. Tltis proposed decision will release the applicant from liability for backfilling, grading, <br />and drainage reestablishment for the 43.4 acre parcel known as Area 3 of New Horizon Mine 2 <br />The Division holds a performance bond of $I ,662,471 for the New Horizon Mine. The Division proposes to release <br />from liability $47,219. The remaining bond amount is sufficient to assure completion of the remaining reclamation <br />work at the site if the work had to be performed by the Division, including the cost of reestablishing vegetation on <br />any revege[ated areas, should those areas fail. The Division estirna[es its cost [o complete remaining reclamation <br />work at [he site [o be $1,498,379. <br />Any person with a valid legal interest which might be adversely affected by this proposed decision may request a <br />formal public hearing before the Mined Land Reclamation Board in accordance with Rule 3.03.2(6). Public notice <br />of this proposed decision will be published twice in the San Miguel Basin Forum as soon as possible. Requests for <br />public hearing must be submitted to the Division in writing wi[hirt thirty days of the first publication in the San <br />Miguel Basin Forum. if no }tearing is requested within tlta[ thirty days, the Division's decision will become final. <br />