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2. The Petitioner appeals the Division's decision denying the Petitioner's request for a <br />technical revision releasing 220 acres from the 387.5-acre permit area. The 220 acres are <br />referred to herein as "Cell #1." A map showing the approximate boundazies of the acreage <br />release request and other features, including Cell #l, is attached hereto as Exhibit A. Cell <br />#1 is divided by a land bridge that is not part of the Petitioner's release request. The land <br />bridge will be mined out by the Petitioner (proceeding from north to south) when mining <br />on adjacent property owned by the Petitioner is completed under a sepazate permit, Permit <br />No. M-1998-036. Mining within Cell #1 was completed by the Petitioner in June 2004. <br />3. The present financial warranty for the entire site is $136,688.00, but the Petitioner does not <br />seek a reduction in the financial warranty amount through this partial release request. <br />4. Based on discussions with the Petitioner and an inspection of the site on December 7, <br />2004, the Division denied Petitioner's acreage release request on the grounds that the <br />Petitioner failed to achieve the approved post-mining land use of open lakes water resource <br />and wildlife habitat. <br />5. The City owns the surface rights to the site. The City intends to convert the Cell #1 area <br />into a lined water storage reservoir and park, which requires installation of a slurry wall <br />around the perimeter of Cell #1. With the City's support, the Petitioner sought the acreage <br />release to facilitate the City's preferred post-mining land use of its property (i.e., lined <br />water storage and park). The City and the Petitioner have entered into negotiations that <br />have so far resulted in a draft agreement obligating the Petitioner and the City to adhere to <br />the substance of the approved reclamation plan in the approved permit as it pertains to <br />certain required flood control structures and the regrading and revegetation of Cell ;. 1 (i.e., <br />elements of the reclamation to be completed by the Petitioner and the City afrer the Gn <br />