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7 <br />IV. PROPOSED DECISION <br />PHASE II and PHASE III <br />Based on the observations above, the Division proposes to approve Walden Coal Company's <br />request for a Phase II and III bond release for the Northgate Loadout of the Bourg Mine. This <br />proposed decision will release the applicant from liability for topsoil redistribution and all <br />reclamation work at the Northgate loadout. This proposed decision does not include <br />reclamation work performed at the mine site. <br />The original performance bond for the Bourg Mine was $536,000.00. The Division previously <br />returned $321,600.00 for backfilling and grading work conducted at the Northgate loadout and <br />at the mine site. The Division currently holds a performance bond of $214,400.00. In <br />conjunction with this request, the Division determined the cost of replacing topsoil and seeding <br />with an erosion controlling vegetative cover to have been $3,839.00. The Division proposes to <br />release $3,839.00. <br />The remaining $210,561.00 is sufficient to assure completion of the remaining reclamation work <br />at the mine site if the work had to be performed by the Division, including the cost of <br />reestablishing vegetation on any revegetated areas, should those areas fail. The Division <br />estimates its cost to complete remaining reclamation work at the mine site to be $81,934.00, <br />based upon the Division's reclamation cost estimate, dated November 17, 1995, conducted in <br />accordance with Rule 3.02.2(4). <br />Reclamation work which remains to be done at the mine site includes: <br />a) Remove culvert at the west edge of the access road. <br />b) Remove two temporary ditches. <br />c) Seal and reclaim two monitoring wells <br />d) If needed, re-install contour terrace system <br />e) If needed, 100% revegetation costs at site <br />Any person with a valid legal interest which might be adversely affected by this proposed <br />decision may request a formal public hearing before the Mined Land Reclamation Board in <br />accordance with Rule 3.03.2(6). Public notice of this proposed decision will be published twice <br />in the Jackson County Star as soon as possible. Requests for public hearing must be submitted <br />to the Division in writing within thirty days of the first publication in the Jackson County Star. <br />If no hearing is requested within that thirty days, the Division's decision will become final. <br />