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fords that SCC has successfully completed all surface coal mining reclamation operations in <br />accordance with the approved reclamation plan and met all requirements of the Act and the Rules, <br />with the exception of the Pond 11 area. Based on the observations discussed above, the Division <br />proposes to approve Phase II bond release for, and withhold approval of Phase III bond release <br />from, the Pond 11 area. Attachment 1 has two parts. Part 1 shows the acreages approved for bond <br />release under SL -09, and Part 2 shows the acreages and phases of reclamation liability that will <br />remain after the approval of SL -09. <br />IV. PROPOSED DECISION <br />Based on the observations above, the Division proposes to partially approve Snowcap Coal <br />Company, Inc's request for a Phase II and III bond release for the Roadside Portals SL -09 bond <br />release application. This proposed decision will release the applicant from liability for topsoil <br />redistribution on the 13.1 acres requested for Phase II bond release (Areas #1, 2, 3, 4, 5, 7, 8, 9, 10 <br />and 11). Also, this proposed decision will release the applicant from liability for vegetation <br />establishment and all other reclamation work for the 9.6 acres approved for Phase III bond release <br />(Areas # 1, 2, 3, 5, 6, 7, and 8). The 1.2 acres associated with Area 44 (Pond 11) are being approved <br />for Phase II bond release but not Phase III bond release. Also, the proposed decision will terminate <br />Division jurisdiction on the 0.2 acres of land overlying underground workings (Area # 12). <br />The Division holds an approved performance bond for the Roadside Mine in the amount of <br />$805,952.60. This performance bond is in the form of a corporate surety from Liberty Mutual <br />Insurance Company. <br />The permitting action most recently approved by DRMS for the Roadside Mine is Technical <br />Revision No. 67 (TR -67). The Final Decision Date for TR -67 was February 23, 2016. The <br />Division documented on the Proposed Decision Form for TR -67 a regulatorily-required <br />reclamation liability amount of $142,523.60. The $142,523.60 amount was calculated in <br />conjunction with the Division's approval of Bond Release Application SL -08. The Final Decision <br />Date for SL -08 was November 14, 2015. <br />Subsequent to the SL -08 Final Decision, Snowcap Coal Company asked the Division to provide <br />information relative to the $142,523.60 regulatorily-required reclamation liability amount. The <br />Division did so, and on December 3, 2015, informed Snowcap Coal by e-mail that a more <br />appropriate value was $97,538.03. <br />Permittees may request reduction of their regulatorily-required reclamation liability amount via a <br />process known as Bond Reduction. This is different than the Bond Release process. To provide <br />for efficiency in permitting actions, the Division is proposing to implement a Bond Reduction in <br />conjunction with the Division's Proposed Decision to Partially Approve Bond Release Application <br />SL -09. <br />The $142,523.60 amount of regulatorily-required reclamation liability documented on the <br />Division's Proposed Decision Form for SL -08 is eligible to be reduced by $44,985.57 to <br />$97,538.03 (Attachment 2). The Division hereby makes this adjustment. Therefore, any amount <br />G1981-041, SL -09 Findings Document Page 12 of 79 <br />