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pans. The Division further concludes that pollution of those surface, alluvial, and ground <br />waters being currently monitored in the vicinity of Pit 1 is not occurring at this tune. <br />VII. Proposed Decision <br />The Division proposes herein to grant a Phase I Bond Release for Pit 1 at the Marr Mine. <br />In conjunction with the Pit 1 bond release request, the Division determined that the full cost <br />of reclaiming Pit 1, prior to any backfilling and grading occurring, was $869,195 <br />(Exhibit 3). This figure was derived from cost estimates prepared by DMG personnel in <br />March 1993, November 1995, and January 1996. The Division proposes herein to release <br />60 percent of the $869,195 figure, or $521,517, for the work that has been performed in <br />Pit 1. The Division has estimated the cost to complete the remaining Pit 1 reclamation to <br />be $140,008 (F,xhibit 4). <br />The Division currently holds a performance bond for the entire Marr Mine in the amount of <br />$5,500,000. In July 1995, the Division approved Technical Revision TR-14, a request <br />from Kerr Coal Company to reduce the bond amount from the $5,500,000 figure originally <br />established for the permit to the $4,510,644 cost of reclaiming the on-the-ground <br />disturbances that existed in 1993. Actual reduction of the bond by Kerr Coal Company <br />with regard to TR-14 has not occurred to date. <br />The Division, also in July 1995, granted a partial approval of Ken's April 21, 1994 Phase I <br />Bond Release request. That partial approval granted a Phase I release for only the 720 Pit, <br />setting aside any decisions regazding Pit 1 to a later date. In conjunction with the July <br />1995 partial approval, the Division determined that the full cost of reclaiming the 720 Pit <br />was $3,618,694, and approved releasing 60 percent of that figure, or $2,171,216 <br />(Exhibit 5). Actual reduction of the bond by Kert Coal Company with regard to this partial <br />release has not occurred to date. <br />Following the reductions of the $5,500,000 bond for TR-14, the 720 Pit release, and the <br />Pit 1 release, the Division will retain a performance bond for the remaining mine site and <br />loadout reclamation costs in the amount of $1,817,911. The Division has estimated the <br />actual cost to complete the remaining reclamation to be $972,309 (Exhibit 6). In releasing <br />the $521;517 portion of the existing bond for Pit 1, the Division will retain sufficient <br />monies to complete the remaining reclamation for both Pit 1 and the rest of the Marc Mine, <br />in accordance with Section 3.02.1(3)(d) of the Board's regulations. <br />V~,vca.sL <br />-7- <br />