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This document contains the following six parts: <br />1. Introduction and Proposed Decision <br />II. Background Information <br />III. Description of the Bond Release Process <br />IV. Approval Criteria for Bond Release <br />V. Observations and Findings <br />VI. Summary <br />1. INTRODUCTION AND PROPOSED DECISION <br />In accordance with Rule 3.03 of the Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining, this document constitutes written notification of the <br />Division of Reclamation, Mining, and Safety's (Division) proposed decision to approve a <br />Phase III bond release (SL-06) at the Golden Eagle Mine (permit #C-81-013) permitted <br />and operated by New Elk Coal Company, LLC. (NECC). This bond release applies to <br />four different areas. This is a Phase III bond release for 51.40 previously disturbed and <br />reclaimed acres located at the former main facility and portal area of the mine. The <br />second portion of this bond release is a Phase I, II, and III bond release for 5.6 acres <br />reclaimed at former pond locations (pond 3 and pond 4). The third portion of the <br />release is a very small section of land, approximately one-tenth (.1) acre of reclaimed <br />land adjacent to the railroad tracks north of the main facility area. And finally, the <br />Division is proposing the approval of release of liability for lands over approximately 633 <br />affected acres overlying underground workings north of Highway 12 in Sections 20, 21, <br />and 28 T33S R67W of the Sixth Principal Meridian and including all remaining areas <br />overlying underground workings south of Highway 12 not previously bond released in <br />Surety Release No. 2 (SL-02) in 1998. This bond release approval (SL-06) specifically <br />excludes 1.2 acres of reclaimed area at the former site of the NW-1 ventilation shaft <br />and road along with six water monitoring wells SF-2, NM-20, NM,21, NM-22, NM-23, <br />and LA-218. Under SL-06, the total disturbed area that will be Phase III released is 57.1 <br />acres and the total affected area that will be released over underground workings is <br />approximately 633 acres. <br />II. BACKGROUND INFORMATION <br />The Golden Eagle Mine is a reclaimed, underground mine that is currently permitted <br />and operated by New Elk Coal Company LLC. The mine is located in Las Animas <br />County, approximately 4 miles west of the town of Weston, in portions of sections 15-22 <br />and sections 27-34, T33S R67W. The mine ceased coal production on December 31, <br />1995. Structure demolition and site reclamation were conducted during 1996 and early <br />1997. Approximately 66 acres were disturbed and reclaimed at this site. <br />The main facility area consists of one larger contiguous area of approximately 37.7 <br />acres depicted on Figure 2 of the application as parcels B-I, and the remaining 19.4 <br />acres defined by isolated parcels A and J-R on Figure 2. Lands comprising the 633 <br />affected acres over underground workings are located in Sections 19, 20, 21, 28, and <br />29 north of Highway 12, as well as the affected lands directly beneath the 65 disturbed