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<br />Bear Coal Company has established vegetation which supports the approved post mine land use of <br />undeveloped land and wildlife habitat, and meets the approved success standards. The Division, <br />with approval of Technical Revision No. 10, found that the reclaimed areas subject to this bond <br />release are not contributing suspended solids to streamfiow or runoff outside the permit area in <br />excess of premining levels or in excess of adjacent nonntined areas. <br />Phase III Bond Release <br />Available hydrologic data from the adjacent Bear No. 3 and West IIk Mines have been considered <br />in determining whether the Bear No. 1 and No. 2 Mines have caused any adverse hydrologic impact <br />to the local and adjacent areas. On site observations were also conducted, and there was no <br />evidence of seepage or runoff resulting from the mine portals or mine facilities area. There is no <br />evidence that the Bear No. 1 and No. 2 Mines have caused any adverse hydrologic impacts. <br />Based upon a review of the mine permit, the applicant's bond release application, and site <br />inspections, the Division finds that Bear Coal Company has successfully comple~d all surface coal <br />mining reclamation operations in accordance with the approved reclamation plan and met all <br />requirements of the Act and the Rules. <br />IV. PROPOSED DECISION <br />Based on the preceding observations and findings, the Division proposes to approve Bear Coal <br />Company's request for Phase I, II, and III bond release for the Bear No. 1 and 2 Mines. This <br />proposed decision will release the applicant from liability for reclamation on all of the 789.5 <br />permitted acres of the Bear No. 1 and 2 Mines. <br />The Division holds a performance bond of $155,000.00 for the Bear Mines. All of this <br />performance bond applies to the Bear No. 3 Mine; the Division does not hold any performance born <br />for the Bear No. 1 and 2 Mines. Accordingly, the Division does not propose to release any of the <br />performance bond held. The current performance bond is sufficient to ensure reclamation at the <br />Bear No. 3 Mine if the work had to be performed by the Division through independent contractors, <br />in the event of forfeiture. <br />Any person with a valid legal interest which might be adversely affected by this proposed decision <br />may request a formal public hearing before the Mined Land Reclamation Board in accordance with <br />Section 3.03.2(6). Public notice of this proposed decision will be published twice in the Delta <br />County /ndependent as soon as possible. Requests for public hearing must be submitted to the <br />Division in writing within thirty days of the first publication in the Delta Counry Independent. If <br />no hearing is requested within that thirty days, the Division's decision will become final. <br />Bear No. 1 and 2 Mines Bond Release Page 7 <br />