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IV. PROPOSED DECISION <br />Based on the observations above, the Colorado Division of Reclamation, Mining and Safety proposes to <br />partially approve CAM Mining, LLC's request for a Phase I bond release for the Munger Canyon Mine. <br />This proposed decision will release the applicant from liability for backfilling, grading, and drainage <br />reestablishment on 17.2 acres including 14.3 acres at the Munger Canyon site and 2.9 acres at Loma <br />loadout. CAM originally requested that 18.5 acres be released. Specifically excluded from the Phase I <br />bond release request is 1.3 acres of former haul road and surrounding area located on BLM surface that <br />was narrowed by 12 feet from approximately 350 feet south of Culvert No. 6 to the private property line. <br />The 1.3 acres associated with the former haul road on BLM land will be eligible for Phase I bond <br />release once the culverts as shown on Figure 2.2-7C, Lower Road Reclamation are removed and low- <br />water crossings/dry fords are properly installed. <br />PHASE I <br />The Division holds a performance bond of $269,094.00 for the Munger Canyon Mine. This amount is <br />$5,649.00 more than the current liability of $263,445.00. The Division proposes to release $145,860.00, <br />or 55.4% of the current liability. The Division estimates its cost to complete remaining reclamation <br />work at the site to be $117,585.00. This amount is sufficient to assure completion of the remaining <br />reclamation work at the site if the work had to be performed by the Division, including the cost of <br />reestablishing vegetation on any revegetated areas, should those areas fail. <br />Reclamation work which remains to be done at the site includes removal of the sediment pond and <br />associated ditch and culvert reclamation in the coal waste disposal vicinity, along with culvert <br />removal/dry ford construction along the retained segment of the haul/access road located on BLM <br />surface, and width reduction of the segment of the road on private land (approximately % mile in <br />length). This work will be undertaken following appropriate demonstration of site stabilization to allow <br />for sediment pond removal. <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 The Daily Sentinel as <br />soon as possible. Requests for public hearing must be submitted to the Division in writing within thirty <br />days of the first publication in the The Daily Sentinel. If no hearing is requested within that thirty days, <br />the Division's decision will become final. <br />C081020 SL-1Findings.doc <br />11