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Table 1
<br />Maximum Bond Release Amounts per Rule 3.03.1(2)
<br />East Mine
<br />West Mine
<br />Loadout Total
<br />Phase 1- 60% $1,759,323.06
<br />$635,764.19
<br />$1,803,873.21 $4,198,960.46
<br />Phase 11 - 25 % $733,051.28
<br />$264,901.75
<br />$751,613.84 $1,749,566.87
<br />Phase III - 15° $439,830.77
<br />$158,941.05
<br />$450,968.30 $1,049,740.12
<br />Total $2,932,205.11
<br />$1,059,606.99
<br />$3,006,455.35 $6,998,267.43
<br />Table 2
<br />Proposed Release Under SL -06
<br />Phase I Released
<br />through SL -06
<br />East Mine
<br />West Mine
<br />Loadout
<br />$508,369.02 $519,440.13 $0.001
<br />Proposed
<br />Released
<br />% of
<br />Acres Acreage
<br />Proposed
<br />Release
<br />% of
<br />Acres Acreage
<br />Propose
<br />d
<br />Released
<br />% of
<br />Acres Acreage
<br />Phase I
<br />$42,223.75
<br />2.31 2.40%
<br />$0.00
<br />0.00 0.00%
<br />$0.00
<br />0.00 0.00%
<br />Phase II
<br />$442,762.97
<br />58.84 60.40%
<br />$0.00
<br />0.00 0.00%
<br />$0.00
<br />0.00 0.00%
<br />Based on the Division's review of the previous bond release decisions (SL -2, SL -3, SL -4, SL -5), the
<br />Division has now determined that the amount of liability previously released was in excess of the
<br />amounts allowed by Rule 3.03.1(2). A comparison of previously released amounts relative to the
<br />maximum amounts allowed is shown in Table 3.
<br />The maximum release amount for SL -2 was based on the $6,879,590.12 RN -4 total. With the approval
<br />of SL -2, the Division granted Phase I release on 13.1 acres and approved the release of $709,004.00.
<br />However, the release total should have been no more than $473,199.29 (74.43% (13.1 acres/17.6 acres)
<br />of 60% of the original RN -4 liability for the West Mine of $1,059,606.99). Therefore, the Division
<br />"over -released" $235,804.71 ($709,004.00 - $473,199.29) when it approved SL -2.
<br />With the approval of SL -3 and SL -4, the Division released $1,713,346.70. However, the total release
<br />amount associated with the SL -3 and SL -4 approvals should have been no more than $1,204,977.69
<br />(71.38% (40.15 acres/56.24 acres) of 60% of the original RN -4 liability for the East Mine of
<br />$2,813,527.80). Therefore, SL -3 and SL -4 "over -released" atotal of $508,369.01 ($1,713,346.70 -
<br />$1,204,977.69).
<br />Table 3
<br />Comparison of Previously Released Liability Amounts to Maximum Allowable
<br />Phase I Released
<br />through SL -06
<br />Amount
<br />Amount Phase II Previously
<br />Previously Over- Release Over-
<br />Released through SL -06 Released
<br />Amount
<br />Phase III Previously
<br />Released Over -
<br />through SL -06 Released
<br />East Mine $1,755,570.451
<br />$508,369.02 $519,440.13 $0.001
<br />$0. 001 NA
<br />West Min $709,004.00
<br />$235,804.71 $197,166.37 $0.00
<br />$0.00 NA
<br />Loadout $1,136,354.00
<br />$0.00 $0.00 NA
<br />$0.00 NA
<br />Permit Number C-1981-038 Page 9 of 11
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