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IV. PROPOSED DECISION <br />Based on the above observations, the Colorado Division of Reclamation, Mining, and Safety proposes <br />to approve Snowcap Coal Company, Inc.'s request for a Phase II and III bond release for the Overland <br />Conveyor corridor at the Roadside Portals Mine. Upon final approval, this proposed decision will <br />release the applicant from all liability for reclamation work at the 2.1 acre Overland Conveyor area, as <br />discussed in this document. There are no areas included in the bond release application that will be <br />excluded from the full liability bond release request. <br />PHASE II and III <br />The Division holds a performance bond of $1,646,038.00 in the form of a corporate surety for the <br />Roadside Portals Mine. The Division proposes to release $10,174.00. The remaining $1,635,864.00 is <br />sufficient 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 areas, <br />should those areas fail. The Division estimates its cost to complete remaining reclamation work at the <br />site to be $1,635,864.00. <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 />Page 8 <br />