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<br />FINDINGS OF FACT <br />1. The Rockcastle company submitted an application for a mining and <br />reclamation permit (File C-039-81) on February 17, 1981. <br />2. The Division issued a proposed decision on October 18, 1984, to approve <br />the permit with 13 stipulations. <br />3. The Rockcastle Company submitted a written objection to the proposed <br />decision on November 16, 1984. The objection was mainly in response to <br />stipulations 3, 4, 7, 8, 9, 11, 12 and 13. <br />4. After the proposed decision was issued, the Division, for good cause <br />shown, modified the proposed decision and stipulations and proposed a <br />Joint Settlement Agreement to reflect those modifications. The Joint <br />Settlement Agreement (Agreement), entered into on January 23, 1985, is <br />attached as apart of this Document. <br />5. The Bond amount (Stipulation 13) was the only issue addressed in the <br />applicant's November 16, 1984, objection to the proposed decision which <br />was not completely resolved by the Agreement. <br />6. The three remaining bond-related issues resolved by the Board are <br />a) the amount of bond required for a stability analysis of the haul <br />road, b) the amount of bond required for earthmoving at pit 4, and <br />c) the amount of bond required for revegetation at pits 1, 2, 3, and 5. <br />a) The Board finds that ;;50,000.00 is sufficient for the stability <br />analysis of the haul road with the assurance that the Division will <br />initiate bond release of this amount upon satisfaction of <br />Stipulation #2 and submittal of an application for bond release by <br />Rockcastle. <br />b) The Board finds that X232,000.00 is sufficient for the cost of <br />backfilling pit 4, based on documentation and testimony provided by <br />Rockcastle. <br />c) The Board finds that #18,800.00 (5200.00 per acre) is sufficient <br />for the cost of revegetation at pits 1, 2, 3, and 5. <br />7. The Rockcastle Company's mining and reclamation plan for the Grassy Gap <br />No. 1 Mine has been found to be in compliance, as demonstrated in the <br />Division's written findings, with the Act and all rules and regulations <br />promulgated in accordance with the Act. <br />