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inspections, the Division finds that Trapper Mining, Inc. has completed regrading and
<br />drainage control in accordance with the approved reclamation plan (Rule 3.03.1(2)(a)).
<br />The Division further finds that Trapper Mining, Inc. has replaced topsoil in accordance
<br />with the approved reclamation plan.
<br />V. PROPOSED DECISION
<br />Based on the observations above, the Division proposes to approve Trapper Mining, Inc's
<br />request for a partial Phase I bond release for the Trapper Mine. This proposed decision will
<br />release the applicant from reclamation liability for Phase I bond release criteria on bond release
<br />blocks; A-C-04, A-C-05, D-AB-03, D-B-04, D-C-04, F-AB-03, F-AB-04, F-AB-05, F-AB-
<br />06, F-AB-07, H-C-03, H-C-04, Z-AB-05, Z-AB-06, and Z-AB-07, totaling 476.6 acres.
<br />PHASE I
<br />In the preceding bond releases (Craig Generation Plant Loadout, SL-01, SL-02, SL-03, SL-04,
<br />SL-05, SL-06, SL-07 and SL-10), the Division released the liability on the bond release blocks
<br />but did not return any monies to the operator. The previous bond releases applied to the
<br />backfilling, regrading, suspended solids demonstration and vegetation establishment of 3301.8
<br />acres of lands associated with the Ashmore, Browning/Colt, Derringer, and Enfield pits. An
<br />accounting of this 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
<br />to receive flyash. TMI is actively mining coal. Reclamation at the Trapper Mine continues as
<br />pits continue to progress. On active mine areas, backfill and grading, topsoil redistribution, and
<br />seeding and transplanting will continue. Reclamation cost liability associated with backfilling
<br />the requested portions of Pit D, Pit H, Pit F, Pit Z and Pit A would have been $2,767,920.00,
<br />based upon a cost per lineal foot measurement of the pit dimensions. The operator did not
<br />request a return of bond monies held, only a reduction in the amount of the site's reclamation
<br />liability. Bond release parcels A-C-04, D-AB-03, D-B-04, D-C-04, F-AB-03, F-AB-04, H-C-
<br />03 and H-C-04 included in the SL-08 Phase I bond release application have been evaluated for
<br />Phase II but not Phase III reclamation success criteria. Bond release parcels A-C-05, F-AB-05,
<br />F-AB-06, F-AB-07, Z-AB-05, Z-AB-06, and Z-AB-07 included in the SL-08 Phase I bond
<br />release application have not been evaluated for Phase 11 and Phase III reclamation success
<br />criteria. The reclamation cost estimate was last evaluated and updated in December 2007
<br />during RN05. Backfill and grading costs were calculated in December 2007 on the existing
<br />open pits and un-graded disturbances at that point in time. Parcels in the SL-08 application that
<br />had been backfilled by December 2007 did not have backfill and grading tasks assigned to them
<br />in the revised reclamation cost estimate; however, the Division ensured that TMI maintained
<br />reclamation liability on those parcels until SL-08 was submitted and approved. The Division
<br />estimates the cost to complete remaining reclamation work at the site to be $20,378,236.00.
<br />The Division currently holds a performance bond of $20,606,900.00. TMI did not request that
<br />any monies be returned for SL-08. The remaining $20,606,900.00 is sufficient to assure
<br />completion of the remaining reclamation work at the site if the work had to be performed by the
<br />Trapper Mine Page 7 November 21, 2007
<br />Phase III Bond Release
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