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SECTION IV - MIDTERM ADEQUACY QUESTIONS <br />The Division does not have any adequacy questions or comments regarding this Midterm <br />Review. <br />Review of the Division's records regarding disturbed acres accounted for in the Marr permit <br />found a discrepancy between the Division's records and KCC's records. The DRMS permit <br />system indicated in 2007 that 380.8 acres were approved to be disturbed under the permit. KCC <br />had, however, reported total disturbed acres of 401.4 acres since the 2002 Annual Reclamation <br />Report (ARR), and DRMS had concurred with KCC's values in the Division's 2003 Midterm <br />Review. <br />Analyses conducted during this midterm review (2008) of disturbed areas shown on KCC's 2006 <br />ARR map, review of bond releases, and permit boundary revision finds that KCC's values reflect <br />the on-the-ground acreages. <br />The Division concurs with the disturbed area acreages as reported by the operator. <br />Total disturbed area= 401.4 acres <br />Disturbed acres at the loadout= 11.7 acres <br />Disturbed acres at the mine= 389.7 acres <br />SECTION V - BONDING SUMMARY <br />The Division currently holds a performance bond, in the form of a corporate surety, in the <br />amount of $700,720.00. In July 1995, the Division approved Technical Revision TR-14, <br />reducing the required bond amount from $5,500,000.00 to $4,510,644.00. The lower amount <br />reflected the Division's estimate of the cost to reclaim the on-site disturbance at the time. <br />A Phase I Bond Release (SL-01) was approved in January 1996, which covered the backfilling <br />and grading in the 720 Pit and Pit 1. The Division released $2,692,733.00 after the Phase I bond <br />release. The required bond amount was then set at $1,817,911.00. <br />The Division on September 21, 2000 received an application for Phase I and Phase II Bond <br />Release (SL-02). The operator requested a 60% Phase I Bond Release for the Loadout. The <br />reclamation for this area (backfilling and grading) was completed in 1999. The criteria that need <br />to be met for a Phase I Bond Release are backfilling, regrading, and drainage control. <br />The operator under SL-02 also requested a 25% Phase II Bond Release for the 720 Pit and for Pit <br />1. The backfill and grading for the 720 Pit was completed in 1993 and reseeding was completed <br />in 1995. Reclamation for Pit 1 was completed in 1996. The criteria that need to be met for a <br />Phase II Bond Release are topsoil replacement, vegetative cover, and hydrologic reclamation. <br />5