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II. CRITERIA AND SCHEDULE FOR BOND RELEASE Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released when the petmittee successfully completes backfilling, regrading, and drainage control in accordance with the approved reclamation plan." With regard to Phase I bond release, the approved reclamation plan for the New Horizon Mine calls for mining and backfilling operations to be performed concurrently. A truck and shovel operation will remove the overburden and parting material to a previously mined area to be backfilled. Backfilled material will be placed to minimize effects on postmining vegetation and ground water, minimize off-site effects and support the approved postmining land use. Postmining slopes will not be uniform but will approximate the general nature of the premining topography. All major drainages that are disturbed by mining activities are to be reclaimed to approximate the premining configuration and to blend in with the undisturbed drainage above and below the area to be reclaimed. The drainage channels will be designed with gently sloping banks that are stabilized with vegetation and will safely pass the 10 year, 24 hour event. Nucla Road 5 will be reconstructed to county road standards and culverts that will pass the pass the appropriate storm event will be placed as needed. III. OBSERVATIONS AND FINDINGS An on the ground inspection was performed on December 9,1997, to verify that the conditions of the permit and bond release application were met. Reclamation activities for the bond release area took place at various times between 1994 through 1995. The parcel of land requested for release is south of B-Road, in Section 6, and in the present active mining-reclamation area of New Horizon Mine. The legal description of this parcel is as follows: A tract of land in Montrose Counry, Colorado, beginning at a point which is the SE corner of Section 6, T46N, R15W, bearing N47° 27' 42"W, a.distance of 3472.7', and Thence 380.87' on a bearing of N65°48' 42"W Thence 230.12' on a bearing of N09°37' 09"E Thence 168.18' on a bearing of N42° 27' 44"W Thence 376.46' on a bearing of N16°55' 45"W Thence 1910.83 Due North Thence 191.35' on a bearing of N88° 29' 33"E Thence 468.94' on a bearing of S83° 11' 39" E Thence 539.18' on a bearing of S84° 08' 10"E Thence 76.51' on a bearing of 830° 00' S3 "E Thence 1099.02 on a bearing of S26° 28' 48"W Thence 299.72' on a bearing of S46° 15' 40"W Thence 885.41' on a bearing of 522° 24' 19"W back to the beginning for an area of 67.4 acres MOL. .