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<br />basis as outlined in part 1. Regardless, the current liability required by the Division is <br />$35,000.00. The Division holds a letter of credit in excess of this amount. The operator is <br />in compliance with these parts of the agreement <br />Part 5 <br />The final bond amount to be forfeited to the Division for maintenance of the site through the <br />liability period was modified as per the Modification to Agreement, effective August 26, <br />1992, as signed by Karla Rabuck of Rockcastle Coal Company and Michael Long, Director <br />of the Division of Minerals and Geology. The forfeited amount was reduced to $25,000.00 <br />from the previous amount of $50,000.00. As of the writing of this findings, the final <br />forfeiture has not been executed. Therefore, the operator has not complied with this part of <br />the agreement. <br />VI. -Conversion of Current Reclamation Bond <br />The Division currently holds a letter of credit for approximately $134,000.00. The operator <br />did not and has not complied with this part of the agreement <br />VII. -Bond Forfeiture <br />The bond forfeiture process is proceeding as outlined by Rule 3.04. The forfeiture amount <br />has been modified as outlined above. Forfeiture has yet to occur as of the writing of this <br />findings. Owners and controllers have not been entered into the AVS system. Therefore, <br />this part of the agreement has not been completed. <br />VIII. -Limitation of Liability <br />Part 1 <br />The operator and/or the Division have not concluded all items in the agreement nor has the <br />$1,800.00 civil penalty for NOV C-90-007 been paid. Therefore, this part of the agreement <br />