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Introduction <br />This document is the proposed decision of the Colorado Division of Minerals and Geology (the <br />Division) in response to a request for a partial PHASE I bond release at the New Horizon Mine 2, <br />Division file number C-81-008. The package contains four parts. These include: 1) procedures and <br />summary of the bond release process; 2) criteria and schedule for bond release; 3) observations and <br />findings of the Division regarding compliance with the bond release requirements of the Colorado <br />Surface Coal Mining Reclamation Act and regulations promulgated thereunder; and 4) the Division's <br />proposed decision on the requestfor bond release. <br />Detailed information about the review process can be found in [he Act and the Regulations of the <br />Colorado Mined Land Reclamation Board for Coal Mining. All Rules referenced within this <br />document are contained within the Regulations. Detailed information about the mining and <br />reclamation operations can be found in the permit application on file at the Division offices, located <br />at 1313 Sherman Street, Room 215, in Denver, Colorado. <br />The New Horizon Mine is a surface mine which is permitted and operated by Western Fuels-Colorado, <br />LLC. The land for which bond release has been requested is privately owned and coal which was <br />mined from the azea was privately owned. Reclamation for which bond release has been requested was <br />conducted at various times from 1999 through 2002. <br />The. New Horizon Mine 2 Permit Area lays within townships 46 & 47 North, Ranges 15 & 16 West <br />of the New Mexico Principal Meridian, Montrose County, Colorado. <br />I. PROCEDURES AND SUMMARY OF THE REVIEW PROCESS <br />In April, 1989, Peabody Coal Company, owners of the mine at that time, applied for and received a <br />Phase 1, 2, & 3 Release of Liability on 42.2 acres which had a land use change to industrial use <br />(county Landfill). (SL-01) <br />In Mazch, 1993, Westem Fuels-Colorado applied for a similar Phase 1, 2, & 3 release of liability on <br />14.2 acres, for the Montrose County Landfill, in 1994. (SL-02) <br />In September, 1994, Westem Fuels-Colorado applied for a Phase l&2 bond release on 215.5 acres <br />at the New Horizon Mine 1. Phase 1 bond release was approved and Phase 2 was denied. (SL-03) <br />In February, 1996, the Division received a complete application for another Phase 1 bond release from <br />Western Fuels-Colorado for 98.6 acres at the Mine 1 area and 56.0 acres at the New Horizon Mine <br />2. The decision to approve became final on August 6, 1996. (SL-04) <br />In October, 1997, the Division received an application for Phase 1 bond release from Westem Fuels- <br />Colorado for 67.4 acres a[ the New Horizon Mine 2. The decision to approve became final in <br />February, 1998. (SLOS) <br />In February, 1999, the Division received an application for Phase 1 bond release from Western Fuels- <br />Colorado for 43.4 acres at the New Horizon Mine 2. The decision to approve became final in July, <br />1999.(SL06) <br />