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Based upon a review of the mine permit, the applicant's bond release application, and site inspections,
<br />the Division finds that TMI has replaced topsoil in accordance with the approved reclamation plan. The
<br />Division further finds that TMI has established vegetation which supports the approved post mine land
<br />use and meets the approved success standard for vegetative cover, production, species diversity and
<br />woody plant density. Post-mining land-use is supported by the documented wildlife use of the
<br />rangeland areas and the vegetative productivity of the cropland. Impacts to surface and ground water
<br />quality aze minimal. The bond release blocks under consideration have all achieved the minimum often
<br />years of revegetation liability responsibility (Rule 3.02.3(1)).
<br />IV. PROPOSED DECISION
<br />Based on the observations above, the Division proposes to approve Trapper Mining Inc.'s request for a
<br />Phase III bond release for a portion of the Trapper Mine. This proposed decision will release the
<br />applicant from Phase III reclamation liability on bond release blocks CR 93-94, A, C & D Pits RSC 87-
<br />95, and A, D & H Pits RS A&B 93-95, and the reclaimed West Buzzard, East Buzzazd and Elk
<br />drainages totaling 762.8acres.
<br />During the review period for SL-07, Technical Revision No. 96 (TR96) was approved on February 15,
<br />2006. This TR reduced Trapper Mining Inc.'s reclamation liability from $25,095,203.00 to
<br />$17,830,595.00. TMI submitted a performance bond for $18,500,000.00 after approval of TR96.
<br />Upon approval of bond releases SL-O1, SL-02, SL-03, SL-04, SL-OS and SL-06, the Division released
<br />the liability on the bond release blocks but did not return any monies to the operator. The previous bond
<br />releases applied to the backfilling, regrading, suspended solids demonstration and vegetation
<br />establishment of 3301.8 acres of lands associated with the Ashmore, Colt, Derringer, Enfield, and
<br />Hawken pits. An accounting of the bond release history is provided in the table below.
<br />The Trapper Mine is an active mine with four active pits and two pits that have been approved to receive
<br />flyash. TMI is actively mining coal. Reclamation at the Trapper Mine continues as pits continue to
<br />progress. On active mine azeas, backfilling and grading, topsoil redistribution, seeding and transplanting
<br />will continue. On bond release blocks CR 93-94, A, C & D Pits RSC 87-95, and A, D & H Pits RS
<br />A&B 93-95, and the reclaimed West Buzzard, East Buzzard and Elk drainages, included in this bond
<br />release application, SL-07, no additional work needs to be conducted at this time.
<br />The Division currently holds a performance bond of $18,500,000.00. Based on the observations above,
<br />the Division proposes to release reclamation liability in the amount of $371,146.00 for bond release
<br />block CR 93-94, block A, C & D RSC 87-95, block A, D & H RS A&B 93-95, and the reclaimed West
<br />Buzzard, East Buzzard and Elk drainages. Should TMI reduce its bond by $371,148.00, the remaining
<br />$ 18,128,854.00 would be sufficient to assure completion of the remaining reclamation work at the site if
<br />the work had to be performed by the Division, including the cost of reestablishing vegetation on any
<br />revegetated areas, should those azeas fail. The Division estimates its cost to complete remaining
<br />reclamation work at the site to be $17,493,018.
<br />Any person with a valid legal interest which might be adversely affected by this proposed decision
<br />Trapper Mine, SL-07 Findings 9 May 16, 2006
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