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V. PROPOSED DECISION
<br />Based on the observations above, the Division proposes to approve Trapper Mining, Inc's
<br />request for a partial Phase II bond release for the Trapper Mine. This proposed decision will
<br />release the applicant from Phase II reclamation liability for bond release blocks A-C-04, D-AB-
<br />02, D-AB-03, D-B-04, D-C-04, F-AB-02, F-AB-03, F-AB-04, H-C-03, and H-C-04, totaling
<br />294.6 acres.
<br />PHASE II
<br />In the preceding bond releases, SL-01, SL-02, SL-03, SL-04, SL-05, SL-06, SL-07, SL-08 and
<br />SL-10, the Division released the liability on the bond release blocks but did not return any
<br />monies to the operator. The previous bond releases applied to the backfilling, regrading,
<br />suspended solids demonstration and vegetation establishment of 3301.8 acres of lands
<br />associated with the Ashmore, Browning/Colt, Derringer, Enfield, Flintlock, East Flintlock (Z),
<br />and Hawken pits. An 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 replacing
<br />topsoil and revegetation of the requested portions of Pit D, Pit H, Pit F, and Pit A would have
<br />been $898,333.00, based upon a cost per lineal foot measurement of the pit dimensions. The
<br />operator did not request a reduction in the bond monies held by the Division in conjunction
<br />with this (SL-09) application. Bond release parcels included in the SL-09 Phase II bond release
<br />application have not been evaluated for Phase III reclamation success criteria. The reclamation
<br />cost estimate was last evaluated and updated in December 2007 during RN05. Backfill and
<br />grading, redistribution of topsoil, and re-establishment of vegetation costs were calculated in
<br />December 2007 on the existing open pits and un-graded disturbances at that point in time.
<br />Upon finalization of this bond release (SL-09), the Division estimates the cost to complete
<br />remaining reclamation work at the site to be $19,479,903.00, the difference between
<br />$20,378,236.00 (SL-10) and $898,333.00. The Division currently holds a performance bond of
<br />$20,606,900.00 (TR-103). TMI did not request that any monies be returned for SL-09. The
<br />remaining $20,606,900.00 is sufficient to assure completion of the remaining reclamation work
<br />at the site if the work had to be performed by the Division.
<br />Any person with a valid legal interest which might be adversely affected by this proposed
<br />decision may request a formal public hearing before the Mined Land Reclamation Board in
<br />accordance with Rule 3.03.2(6). Public notice of this proposed decision will be published
<br />twice in the Craig Daily Press for two weeks as soon as possible. Requests for public hearing
<br />must be submitted to the Division in writing within thirty days of the first publication in the
<br />Craig Daily Press. If no hearing is requested within that thirty days, the Division's proposed
<br />decision will become final.
<br />Trapper Mine Page 10 December 2, 2008
<br />Phase III Bond Release
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