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IV. PROPOSED DECISION <br />Based upon the above observations, the Colorado Division of Reclamation, Mining and Safety <br />proposes to approve Western Fuels-Colorado's (WFC) request for a Phase I Bond Release, SL-10 for <br />the New Horizon Mine. The proposed decision will release the applicant from all Phase I <br />reclamation liability, as discussed earlier in this document, on the temporary and permanent pipe line <br />locations. <br />PHASEIBOND RELEASE <br />WFC is self-bonded in the amount of $4,000,000.00 for the New Horizon Mine. The required surety <br />for the New Horizon Mine, prior to this Phase I Bond Release, is $3,150,563.00. No money will be <br />released with approval of this Phase I bond release application. The Division reviewed the estimated <br />reclamation costs for the New Horizon Mine with the 2005 Midterm Review, and found that WFC <br />would need to revise the reclamation cost estimate to increase their liability to reflect existing site <br />conditions and current costs. Reclamation costs were revised for the entire site in Technical Revision <br />No. 54 (TR-54) resulting from the 2005 Midterm Review. TR-54 was approved July 30, 2007 and <br />the performance bond was increased by $1,375,019.80 to the current amount of $3,150,563.00. <br />During the TR-54 review, it was determined that reclamation work for the temporary pipe line <br />relocation project had been completed, but a bond release request had not been initiated. WFC <br />requested a liability release only in the Phase I bond release application, so that costs for reclamation <br />of the temporary pipe line would not be included in the revised reclamation cost estimate prepazed for <br />TR-54. As previously mentioned, reclamation work for the relocation of the irrigation pipe line was <br />completed by March 30, 2007, but no bond release request had been initiated. The reclaimed azea of <br />the former above-ground pipe line is in an area that has been mined, and is also covered in the <br />reclamation cost estimate for backfllling, grading, topsoil redistribution, and revegetation of the pit <br />area. <br />This concludes the Findings for the Phase I bond release SL-10 at the New Horizon Mine. <br />Any person with a valid legal interest which might be adversely affected by this proposed decision may <br />request a formal public hearing before the Mined Land Reclamation Board in accordance with Rule <br />3.03.2(6). Public notice of this proposed decision will be published twice in the San Miguel Basin <br />Forum as soon as possible. Requests for public hearing must be submitted to the Division in writing <br />within thirty days of the first publication in the San Miguel Basin Forum. If no hearing is requested <br />within thirty days, the Division's decision will become final. <br />