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response to Objector Fontanari's objection to the bond release application. The <br />Division initially inspected the site on October 23-25, 2013. Follow-up inspections <br />were conducted on June 11, 12, 17, and 24, 2014; and on July 2, 11, and 14, 2014. <br />4. During its inspection of the site on June 11 and 12, 2014, the Division <br />observed water flowing from a new ditch into a subsurface hole. The Division <br />estimated that approximately fifty-four million gallons of water entered the mine <br />workings and partially saturated the south portal backfill. <br />5. On June 17, 2014, Applicant contacted the Division to report that <br />water flowing in the French drain from the portal backfill had increased and to <br />request a follow-up inspection. On the same date, the Division inspected the site <br />and observed water flowing in the ditch at an approximate rate of sixty- gallons per <br />minute, originating from irrigation practices employed on Objector Fontanari's <br />property. At the request of the Division, Objector Fontanari caused the water in the <br />ditch to be turned off on June 18, 2014. <br />6. On June 18, 2014, Huddleston -Berry Engineering & Testing, LLC <br />("HBET"), at the request of Applicant, visited the site to evaluate reported seepage <br />near the earthen plug at the south portal of the site. HBET issued a report of its <br />site evaluation on June 19, 2014. <br />7. On October 8, 2015, the Division issued a Proposed Decision to approve <br />a partial release of SL -08. The Proposed Decision became final and was issued on <br />November 14, 2015. Pursuant to the Proposed Decision, the Division excluded <br />114.1 acres of land overlying the south portal underground workings, including 39.7 <br />acres of property owned by Objector Fontanari, until further investigation of <br />hydrologic communication could be satisfactorily conducted. Applicant agreed not <br />to request return of bond monies associated with the approved reduction in <br />reclamation liability until such time as issues related to potential hydrologic <br />communication are resolved. The Division determined to retain $719,560.86 of the <br />financial warranty- until the hydrologic communication issue is resolved. <br />8. The Division's Proposed Decision to approve a partial release of SL -08 <br />required Applicant to "submit to the Division within 30 days of the Final Approval <br />of the Application an application for a Minor Revision" to the permit that commits <br />Applicant to, among other things: (a) "conducto an investigation to determine the <br />extent of the hydrologic communication existing between the underground workings <br />of the Roadside Mine and the properties overlying these workings that belong to Mr. <br />Rudolph Fontanari and Mr. Jason Carey:" (b) "prepar[e] a plan for the repair of this <br />hydrologic communication:" and (c) develop a plan for reclaiming surface lands <br />disturbed during the repair of the hydrologic communication. <br />Snowcap Coal Company-, Inc. <br />Roadside Portals Mine / C-1981-041 9 <br />