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Summary and Findings <br />The Division has completed its review and evaluation of the Phase One Bond Release request <br />submitted by BRL for the Bowie No. 1 Mine East Mine area. The Division finds that backfilling, <br />grading and drainage establishment have been successfully performed in compliance with the <br />reclamation plan that was approved in the Bowie No. 1 Mine permit application and with the <br />Regulations of the Colorado Mined Land Reclamation Board for Coal Mining and the Colorado <br />Surface Coal Mining Reclamation Act. The Division's findings are based on the evaluation of the <br />information supplied in BRL's SL -4 bond release application, as well as on information gathered in <br />the bond release field inspection, previous field inspections and review of the permit application <br />package. <br />Rule 3.03.1(2)(a) states that "Up to sixty percent of the applicable bond amount shall be released <br />when the permittee successfully completes backfilling, regrading and drainage control in accordance <br />with the approved reclamation plan." Based on the reclamation completed at the Bowie No. 1 Mine, <br />the Division is proposing to release a total of 60% of the applicable bond, or $. This release is for <br />backfilling, grading and drainage reconstruction at the Bowie No. 1 East Mine and the ROM Area. <br />IV. PROPOSED DECISION <br />Based on the observations above, the Division proposes to approve Bowie Resources, LLC's request for <br />a Phase I bond release (SL -4) for the Bowie No. 1 East Mine and the ROM area. This proposed decision <br />will release the applicant from liability for backfilling, grading, and drainage reestablishment on 69.6 <br />acres. <br />PHASE I <br />The Division holds a performance bond of $5,761,290.00 for the Bowie 1 Mine. The current liability for <br />the entire mine site is $4,718,106.31. The minimum amount that must be retained in accordance with <br />Rule 3.03.1(3)(b) is $3,439,562.61. The Division estimates its cost to complete remaining reclamation <br />work at the site to be $2,140,237.24. The Division proposes to release $1,278,543.70. The remaining <br />$3,439,562.61 is sufficient to assure completion of the remaining reclamation work at the site if the work <br />had to be performed by the Division, including the cost of reestablishing vegetation on any revegetated <br />areas, should those areas fail (Rule 3.03.1(3)(a) and 3.01.3(3)(d)). <br />Reclamation work which remains to be done at the West Mine includes: remove two ponds, backfill the <br />mine bench, remove stream culvert, regrade access road, replace topsoil and reseed. <br />Reclamation work which remains to be done at the Timber Storage Area (ROM) includes: remove one <br />pond, regrade access road, replace topsoil and reseed. <br />Reclamation work which remains to be done at the East Mine includes: regrade access roads, remove <br />five ponds, replace topsoil and reseed. <br />Reclamation work which remains to be done at the Loadout includes: demolish remaining structures, <br />