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<br />14 <br />IV. PROPOSED DECISION <br /> <br />Based on the observations above, the Division proposes to approve Colorado Yampa Coal Company's <br />request for a Phase I[ and III bond release for the Mine No. 2 portion of the Eckman Pazk mine <br />complex. This proposed decision will release the applicant from liability for all reclamation work on <br />the requested portions of the permit area. Areas that Colorado Yampa Coal Company will still <br />maintain reclamation liability include Pond K, and areas associated with its reclamation in Mine I <br />and the Eckman Park mine. This proposed decision applies to the 477.4 acres comprised of the East <br />Block and West Block of <br />Mine No. 2. <br />Any person with a valid legal interest which might be adversely affected by this proposed decision <br />may request a formal public hearing before the Mined Land Reclamation Board in accordance with <br />Rule 3.03.2(6). Public notice of this proposed decision will be published twice in the Steamboat Pilot <br />as soon as possible. <br />PHASE III <br />The original performance bond for Mine No. 2 was $10,585,393.00. The Division released <br />$],705,393.00 in reclamation liability in 1987 for successful backfilling and grading of 2,397.9 acres. <br />A Phase II and III bond release for final reclamation success in the Block C area in Eckman Park in <br />the was approved October 1996. The Block C (SL-03) approval released liability in the amount of <br />$34,500.00. Colorado Yampa Coal Company chose not to reduce the bond instrument at the time of <br />these approvals. A Phase I Bond release in the amount of $4,645,843.00 was granted to 610 acres of <br />successful backfilling and grading in areas 61 and 51 W in Eckman Park. Colorado Yampa Coal <br />Company chose to reduce the bond by $4,645,843.00 in April 1997. Release of reclamation liability <br />for Phase II and III on 477.4 acres at Mine No. 2 reduces the remaining bond required for the Eckman <br />Park, Mine 1, and Mine No. 2 complex to $ 4,104,077.00. <br />The Division cutrently holds a performance bond of $5,939,550.00. Based on the observations <br />above, the Division proposes to release $95,480.00 in reclamation liability. Should Colorado Yampa <br />Coal Company elect to reduce its bond by this same amount the remaining $5,844,070.00 would be <br />sufficient to assure completion of the remaining reclamation work on the remaining portions of the <br />Eckman Park, Mine 1 and limited portions of the Mine No. 2 area if the work had to be performed by <br />the Division, including the cost of reestablishing vegetation on any revegetated areas, should those <br />areas fail. The Division estimates its cost to complete remaining reclamation work at the site to be <br />$4,104,077.00. <br />Reclamation work which remains to be done at the site includes removal, grading, topsoil <br />distribution, and seeding of pond K and the associated topsoil stockpile, backfill grading, topsoil <br />replacement, and seeding of the 5 acre parcel located at the NW comer of OSB No.l (dragline <br />dismantling site) in the Eckman Pazk azea. Costs are retained in the reclamation estimate to account <br />