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V. PROPOSED DECISION <br />Summary <br />Based on the observations above, the Colorado Division of Reclamation, Mining, and Safety proposes <br />to approve Seneca Coal Company's request for a Phase II bond release for the Seneca II Mine. This <br />proposed decision will release the applicant from liability for topsoil replacement on the entirety of <br />Bond Release Block 2 and a major portion of Bond Release Block 3. The area to which the proposed <br />release applies encompasses 1,213.1 acres, and is delineated on Attachment 1, of this proposed decision <br />document. <br />The Division currently holds $7,183,489.00 in corporate sureties for the Seneca II Mine, which are <br />separated for the pre-law and interim/permanent program areas as follows: <br />Bond Number Amount <br />Interim and Permanent Program - Permit No. C-1980-005 <br />#30959 $252,733.00 <br />#6510675 $5,575,756.00 <br />Pre-Law - Permit No. 75-54C-A <br />#6510662 $1,355,000.00 <br />The Division proposes to release $1,975,695.00 in reclamation liability for the interim and permanent <br />program areas. Should SCC elect to reduce their bond, the bond for Permit No. C-1980-005 could be <br />reduced to a minimum of $4,050,665.00. The bond for Permit No. 75-54C-A could be reduced to <br />minimum of $285,484.00. Since the two areas fall under different requirements, and since there is <br />only one bond that specifically references the permit number and legal description of the pre-law <br />permit area, they need to remain separate, and Bond #6510662 cannot be reduced below $285,484.00. <br />Opportunity to Request Public Hearing <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 Steamboat Pilot 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 Steamboat Pilot. If no hearing is requested within'that thirty days, the <br />Division's decision will become final. <br />21