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IV. PROPOSED DECISION <br />The Division holds an approved performance bond of $805,952.60 in the form of corporate surety <br />014-018-026 from the Liberty Mutual Insurance Company for the Roadside Portals Mine. The <br />Division proposes to Partially Approve Bond Release Application SL8 for the Roadside Portals Mine. <br />The Division proposes to release $663,429.00 in reclamation liability for the partial Phase 1/II/III <br />Bond Release. The proposed liability release amount of $663,429.00 is $56,131.86 less than the <br />amount requested by Snowcap Coal Company (of $719,560.86). The reason for the difference in <br />amounts is because the Division has excluded 8.5 acres of surface disturbance at Pond 7 (0.5 acres), <br />the North Decline West area (2.3 acres), the North Decline East area (4.3 acres), the Roadside Borrow <br />area (1.1 acres) and Substation B (0.3 acres) from receiving Phase III bond release, as described in <br />this Findings of Compliance Document. The Division used the most recent reclamation costs that <br />were updated in February, 2013 with Permit Renewal No. 6. <br />Following the approval of Partial Phase 1/11/111 Bond Release SL -08 for the Roadside Mine, the <br />Division will hold adequate bond monies to "assure the completion of the reclamation plan if the <br />work had to be performed by the Board, through independent contractors, in the event of <br />forfeiture," pursuant to Rule 3.02.2(1). Following the release, the liability at the Roadside Portals <br />will be $142,523.60 ($805,952.60 - $663,429.00 = $142,423.60). Snowcap Coal Company has <br />agreed to not request return of any bond monies associated with the approved reduction in reclamation <br />liability until such time as issues related to potential hydrologic communication are resolved. <br />Any person with a valid legal interest which might be adversely affected by this proposed decision <br />may request a formal public hearing before the Mined Land Reclamation Board in accordance with <br />Rule 3.03.2(6). Public notice of this proposed decision will be published twice in the The Daily <br />Sentinel as soon as possible. Requests for public hearing must be submitted to the Division in writing <br />within thirty days of the first publication in the The Daily Sentinel. If no hearing is requested within <br />those thirty days, the Division's decision will become final. <br />Page 38 <br />