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<br />8 <br />fan area and the yard area. Areas specifically excluded from the <br />liability release are the east yard berm, the access road to the <br />bathhouse, the pond area that will be filled in and the portion of the <br />pond embankment that will be breached. <br />The Division holds a performance bond of $172,020.00 for the Apex No. <br />2 Mine. The Division proposes to release $103,212.00. The remaining <br />$68,808.00 is sufficient to assure completion of the remaining <br />reclamation work at the site if the work had to be performed by the <br />Division, including the cost of reestablishing vegetation on any <br />revegetated areas, should those revegetation efforts fail. The <br />Division estimates its cost to complete remaining reclamation work at <br />the site to be $26,651.00. <br />Reclamation work which remains to be done at the site includes: <br />1. Verify approved topsoil depth, <br />2. Verify revegetation success, <br />3. Verify proper reclamation of monitoring well, <br />4. Reclaim ditch D-12, <br />5. Reclaim culvert C-4, <br />6. Reclaim county road swale, <br />7. Excavate breach in pond embankment, <br />8. Backfill pond up to pond embankment breach elevation, <br />9. Remove topsoil from access road and place on backfilled pond, <br />10. Excavate east yard berm and spread material on access road. <br />11. Revegetate the reclaimed ditch and pond locations. <br />Any person with a valid legal interest which might be adversely <br />affected by this proposed decision may request a formal public hearing <br />before the Mined Land Reclamation Board in accordance with Rule <br />3.03.2(6). Public notice of this proposed decision will be published <br />twice in The Steamboat Pilot as soon as possible. Requests for public <br />hearing must be submitted to the Division in writing within thirty <br />days of the first publication in The Steamboat Pilot. If no hearing <br />is requested within that thirty days, the Division's decision will <br />become final. <br />M:\COAL\JJD\APEXBOND <br />