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<br />6 <br />IV. PROPOSED DECISION <br />Based on the observations above, the Division proposes to approve Wester Fuel's request <br />for a Phase 1 bond release for the New Horizon Mine. This proposed decision will release <br />the applicant from liability for backfilling, grading, and drainage reestablishment for the <br />entire Mine 1 area, and the 51.8 acre parcel known as Area 1 of New Horizon 2 Mine. <br />The Division holds a performance bond of $1,550,000 for the New Horizon Mine. The <br />Division proposes to release from liability $163,637. The remaining $1,386,363 is sufficient <br />to assure completion of the remaining reclamation work at the site if the work had to be <br />performed by the Division, including the cost of reestablishing vegetation on any revegetated <br />areas, should those areas fail. The Division estimates its cost to complete remaining <br />reclamation work at the site to be $1,383,363. <br />Any person with a valid legal interest which might be adversely affected by this proposed <br />decision may request a formal public hearing before the Mined Land Reclamation Board <br />in accordance with Rule 3.03.2(6). Public notice of this proposed decision will be published <br />twice in the San Miguel Basin Forum as soon as possible. Requests for public hearing must <br />be submitted to the Division in writing within thirty days of the first publication in the San <br />Miguel Basin Forum. if no hearing is requested within that thirty days, the Division's <br />decision will become final. <br />