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6. Underground Mine Subsidence Analysis: <br />For underground mines, the application should include an analysis of observed versus projected <br />subsidence impacts, and a discussion of how any subsidence caused material damage was <br />prevented or mitigated. <br />Response: The New Horizon Mine is surface coal mine, with no underground excavation taking <br />place as part of the operation. Therefore, no subsidence analysis is necessary for bond release <br />applications on the New Horizon Mine. <br />Phase III Release Application - Roads <br />Phase I bond release was approved for most of 5` Avenue in 2008. The western 400 feet of 5t <br />Avenue was not excavated during mining. The attached letter from Montrose County (Appendix 3) <br />certifies their acceptance of the construction of 5` Avenue and initiation of the warranty period. <br />SL -14 03DEC12.wpd 78 <br />