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<br /> <br />5 <br />Based upon a review of the mine permit, the applicant's bond <br />release application, and site inspections, the bivision finds that <br />Western Fuels-Colorado has completed backfilling, grading and <br />drainage reestablishment at the New Horizon Mine in accordance with <br />the approved reclamation plan. <br />IV. PROPOSED DECIBIOH <br />Based on the observations above, the Division proposes to approve <br />Wester Fuel's request for a Phase 1 bond release for the New <br />Horizon Mine. This proposed decision will release the applicant <br />from liability for backfilling, grading, and drainage <br />reestablishment for the entire Mine 1 area, and the 51.8 acre <br />parcel known as Area 1 of New Horizon 2 Mine. <br />The Division holds a performance bond of $1,550,000 for the New <br />Horizon Mine. The Division proposes to release from liability <br />$163,637. The remaining $1,386363 is sufficient to assure <br />completion of the remaining reclamation work at the site if the <br />work had to be performed by the Division, including the cost of <br />reestablishing vegetation on any revegetated areas, should those <br />areas fail. The Division estimates its cost to complete remaining <br />reclamation work at the site to be $1383,363. <br />Any person with a valid legal interest which might be adversely <br />affected by this proposed decision may request a formal public <br />hearing before the Mined Land Reclamation Board in accordance with <br />Rule 3.03.2(6). Public notice of this proposed decision will be <br />published twice in the San Miguel Basin Forum as soon as possible. <br />Requests for public hearing must be submitted to the Division in <br />writing within thirty days of the first publication in the San <br />Miguel Basin Forum. If no hearing is requested within that thirty <br />days, the Division's decision will become final . <br />