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bond funds, notwithstanding the reduction in liability set forth in the SL -8 Proposed <br />Decision. <br />a. The first is SCC's commitment to investigate, repair, and reclaim the known <br />hydrologic communication documented in the Boulay Report as set forth in <br />Attachment 16 to SL -8 Proposed Decision, October 8, 2015 Order to Revise <br />Permit ("Attachment 16 Order"), which the SL -8 Proposed Decision incorporated. <br />See SL -8 Proposed Decision at 24-25, 31-33, 36, 38; and Attachment 16 Order. <br />This is the investigation concerning the hydrologic communication associated <br />with Fontanari's diversion of approximately 166 acre-feet of water to the Carey <br />Pond located on the Carey Property and the "extension" constructed by Fontanari <br />in 2014, located on Tract #71, that resulted in discharges at the South Portal and <br />which was documented in the Boulay Report. <br />b. The second is SCC's agreement to investigate potential hydrologic <br />communication between the surface of specifically identified lands and <br />underground mine workings which might accrue to the Northwest intake pool and <br />subsequently discharge at Outfall 16. See SL -8 Proposed Decision at 31, 33, 34, <br />37-38. The SL -8 Proposed Decision defines the scope of this investigation to <br />include 8.0 acres of disturbed surface lands, 114.1 acres of affected acres <br />(undermined lands) which were withheld from the SL -8 release (belonging to <br />Erickson, Hasstead, Fontanari, and BLM), and affected lands overlying mine <br />workings that are owned by Fontanari (183.3 acres) and Carey (less than 5 acres) <br />that are not part of SL -8. Id. Those lands are referred to herinafter as the <br />"Affected Lands." The locations of the Affected Lands are illustrated in <br />Attachment 5 to the SL -8 Proposed Decision, and also on the attached Exhibit A. <br />The investigation of potential hydrologic communication to the underground mine <br />workings from the Affected Lands is not the subject of the Attachment 16 Order. <br />Moreover, the Affected Lands include lands beyond those owned by Fontanari <br />and Carey. This investigation has not been completed by SCC to date, and the <br />SL -8 Proposed Decision does not set forth a deadline for completion of this <br />investigation. See id. It only precludes the release of reclamation bond monies <br />until such time as it is completed. Id .3 <br />11. In accordance with the Attachment 16 Order, SCC filed an application for a minor <br />revision pursuant to 2 CCR 407-2:2.08.4 on December 1, 2015, to incorporate the <br />commitments set forth in the Attachment 16 Order into the Permit ("MR -82"). The <br />introductory comments to MR -82 and the first numbered commitment set forth therein <br />are clear that the required investigation pursuant to that revision is directed at <br />determining the extent of the known hydrologic communication documented in the <br />3 SCC is in the process of conducting its investigation of potential hydrologic communication from the Affected <br />Lands which might accrue to the Northwest intake pool and subsequently discharge at Outfall 16. When SCC <br />completes that investigation, it will provide its findings to DBMS. <br />3 <br />