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V. PROPOSED DECISION <br />Based on the findings set forth above, the Division proposes to approve MCC's request for Phase I <br />bond release. The bond release azea is approximately 5.5 acres. The amount proposed for release is <br />$122,629. This proposed decision will release MCC from liability for backfilling, grading, and <br />drainage re-establishment in the bond release azea. The remainder of the permit area that has not <br />previously undergone Phase I release will remain secured by bond for all reclamation work. <br />The Division currently holds a reclamation bond from MCC in the amount of $11,500,000. Current <br />reclamation liability is $11,464,325. The Division proposes to release $122,629 of the bond, <br />leaving reclamation liability of $11,341,696, to be retained for the remainder of all permitted areas at <br />the West Elk Mine. The retained amount is more than $5,000 per acre of revegetated lands covered <br />by the bond. <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 Boazd in accordance with <br />Section 3.03.2(6). Public notice of this proposed decision will be published twice in the Delta <br />County Independent for two weeks as soon as possible. Requests for public hearing must be <br />submitted to the Division in writing within thirty days of the first publication in the Delta County <br />Independent. If no hearing is requested within that thirty days, the Division's decision will become <br />final. <br />