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??1 <br />•w <br />M <br />??ummary end Conclusions <br />Western Fuels-Colorado has replaced topsoil in accordance with the approved reclamation plan. Western <br />Fuels-Colorado has established vegetation that supports the approved post mining land use and meets the <br />approved success standards far vegetative cover, herbaceous production,. and diversity. The Division <br />finds that the reclaimed area subject t4 this bond release is not contributing suspended solids to <br />streamflow or runoff outside the permit area in excess of pre-mining levels or in excess of adjacent non- <br />mined areas, <br />Review of data provided by Western Fuels-Colorado indicates that water quantity has not been <br />diminished as a result of mining. Data shows that surface water runoff from the reclaimed areas to remain <br />static and will not affect the flow to the surface water system below the mine. More dramatic seasonal. <br />variations and flaw fluctuations can occur from year to year based on the amount of snowpack each year. <br />Water quality data indicates discharge of spoil spring water through the sediment ponds at New Horizon <br />Mine ? does increase the salinity and TDS slightly to the San Miguel River, These discharges are <br />relatively small and do not significantly alter the quality ar restrict anticipated potential uses of San <br />Miguel waters, <br />The Division finds that Western Fuels-Colorado has successfully completed all surface coal mining <br />reclamation operations in accordance with the approved reclamation plan and met all requirements of the <br />Act and the Rules, for New Horizon Mine 1, permit C-81-44$. <br />rv. F?o?'as?? ???c?s?o?v <br />Based on the observations above, the Division proposes to approve Western Fuel's request for a Phase <br />?? and flI bond release far the New Horizon Mine ? . The proposed decision vain release the applicant <br />from liability for all reclamation work an the permit area. The decision applies to the 134.9 acres of <br />reclaimed land. and the remaining undisturbed land within the New Horizon Mine 1 permit boundary area. <br />The Division holds a performance bond of $193,553,44 for the New Horizon Mine ?. The Division <br />proposes to release from liability $132,74.44. The remaining bond amount, $?4,?79.44, is sufficient to <br />assure completion of the remaining reclamation work at the site if the work had to be performed by the <br />Division, including the cost of reestablishing vegetation an any revegetated areas, should those areas fail. <br />The Division estimates its cost to complete revegetation work at the site to be X49,554.44. <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 />3.43.2?b). Public notice of this proposed decision will be published twice in the San Miguel Basin Forum <br />as 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 San Miguel Basin Forum.. if no hearing is requested within that thirty <br />days, the Division's decision will become final at the end of that thirty-day period, and termination of the <br />State jurisdiction will occur in accordance with Rule 3.43.3,