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The Phase I bond release request of 18 reclaimed acres is specifically located within an area referred <br />to as the South Portals. The bond release request also includes several small outlying areas including <br />the A Substation, Light Use Road #1, and two small regraded areas associated with the overland <br />conveyor tube/bridge structure that has been removed. All of these features are shown on the exhibit <br />titled "Bond Exhibit Acres Nominated for Release" submitted with this bond release application and <br />included as an attachment to this document. <br />This is the fourth bond release request (SL-04) filed for the Roadside Portals North and South Portal <br />Mines. The initial (SL-01) application was withdrawn. The SL-02 application for Phase 1 bond <br />release was approved October 27, 2003. Various reclaimed surface facility locations within the <br />permit area were granted Phase 1 bond release based on proper completion of facilities removal, <br />drainage control, and backfilling and grading, by the SL-02 decision. The areas granted Phase 1 bond <br />release remain in the permit area, and are covered by the reclamation bond. The SL-03 application <br />was approved October 31, 2007 and released from full liability areas overlying underground workings <br />at the Roadside North and South Portal Mines totaling 7,294 acres. <br />The Division presently holds a corporate surety performance bond in the amount of $2,233,045.00 of <br />which $627,000.00 is being requested for release. <br />The SL-04 application for a Phase I bond release was received by the Division on July 14, 2008. The <br />application was deemed complete on September 8, 2008, after the Division received proof of <br />publication of the applicant's public notice. Snowcap Coal Company, Inc. published notice of the bond <br />release application in The Daily Sentinel once weekly for four consecutive weeks, beginning on July 31, <br />2008. SCC also notified land owners within and adjacent to the mine permit area, and other interested <br />parties of the application for bond release, as required by Rule 3.03.2(1). <br />No comments, written objections, or requests for an informal conference regarding the bond release <br />application were received by the Division. <br />The Division scheduled and conducted a bond release inspection on October 7, 2008. The site <br />inspection was conducted in accordance with Rule 3.03.2(2). Mr. Mike Boulay and Ms. Sandra Brown <br />of the Division, Ms. Tonya Hammond of SCC and Mr. Brant Harrison landowner were present during <br />the entire inspection. Mr. Jim Stover of J.E. Stover & Associates, Inc. was present for a portion of the <br />inspection. None of the other land owners of record attended the inspection; however, all land owners <br />were notified of the inspection via certified mail. <br />Adequacy questions and concerns raised by the Division during the inspection are detailed in the <br />Division inspection report dated October 7, 2008, and are summarized below in Section III of this <br />document. There were no separate adequacy correspondence letters sent to Snowcap Coal Company. <br />Page 3