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special provisions within the permit. 5.6 11, 12 s 13. These three stipula- tions relate to haul roads and access roads on the permit area and the scope of the bond required of the applicant as a condition to permit issuance. The applicant objects to the requirements con- tained in Stipulations 11 and 12 . with respect to the haul road and access roads for the reason that such roads, for the most part, are intended to be permanent struct- ures consistent with the proposed ~ post-mining land use and to be i' ! -~ left in place at the request of ~-' the surface land owner. The Division's interpretation of its C= - ~ ~ ~ ,~ ~ regulations with respect to pos- ~ sible reclamation of these road ~~'' _. - , _ ~ - -'_~.-_- i areas and the development of a _ _, contingency plan for "worst case" v '.-~ ~ % analyses is not supported by underlying law and reflects an abuse of the Division's discretion in interpreting its own regulatory program. Stipulation 13 requests a proposed bond in. the amount of 5685,000.00 which is substantially in excess of the bond originally posted at the time the applicant obtained its original permit. The appli- cant specifically asserts that the amount of the bond is excessive based upon the "worst case" analy- ses conducted by the Division, quantities of materials poten- tially requiring reclamation and the Division's determination of costs associated with such poten- tial reclamation. A good portion of such bond cost is based upon the Division's proposed reclama- tion of haul and access roads. -4-