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Bond Held by Division Paid to: <br />6/23/1993 $35,000.00 <br />6/07/1993 -$2,100.00 Reclamation contractor for weed spraying along road <br />5/31/1994 -$2,900.00 Reclamation contractor for weed spraying <br />7/5/1994 -$240.80 Reclamation contractor for weeds raying <br />1/25/1995 -$4,759.00 Rockcastle Coal Company <br />Various dates -$1,526.20 Reclamation contractor for maintenance <br />11/25/1997 -$6,915.00 Reclamation contractor for maintenance <br />5/25/1999 -$627.00 Reclamation contractor for seeding <br />10/25/1999 $1,300.00 Reclamation contractor for maintenance <br />9/15/1999 -$13,570.00 Reclamation contractor for road and ditch maintenance <br />9/1/2005 -$1,020.00 Reclamation contractor for weed control <br />9/6/2006 442.00 Reclamation contractor for weed control <br />Balance $0.00 <br />Site Inspection History <br />The Grassy Gap Mine was subject to monthly inspections from April 1985 until July 1996. In July 1996, <br />the Division, in accordance with Rule 5.02.2(8), reduced the inspection frequency to one complete <br />inspection and one partial inspection per year. Semi-annual inspections have been conducted since 1997, <br />the most recent occurring June 1, 2009. <br />III. Criteria and Schedule for Bond Release <br />Phase I <br />Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released when the <br />permittee successfully completes backfilling, regrading, and drainage control in accordance with the approved <br />reclamation plan." <br />The approved reclamation plan calls for 24 inches of topsoil to be replaced on the reclaimed mine areas. <br />Phase II <br />Rule 3.03.1(2)(b) states, "Up to eighty-five percent of the applicable bond amount shall be released upon the <br />establishment of vegetation which supports the approved post mining land use and which meets the approved <br />success standard for cover, pursuant to (Rule) 4.15.8, meets applicable productivity for prime farmlands or <br />alluvial valley floors pursuant to 3.03.1(3)(b), or croplands pursuant to 4.15.9. With the exception of prime <br />farmlands, evaluation of vegetation establishment pursuant to this paragraph is based on statistically valid data <br />collected during a single year of the liability period." <br />Rule 3.03.1(3)(b) states, " No more than sixty (60) percent of the bond shall be released so long as the lands to <br />which the release would be applicable are contributing suspended solids to stream flow or runoff outside the <br />permit area in excess of pre-mining levels as determined by baseline data or in excess of levels determined on <br />adjacent non-mined areas; until soil productivity for prime farmlands has returned to equivalent levels of yield <br />as non-mined land of the same soil type on the surrounding area under equivalent management practices as <br />determined from the soil survey performed under 2.04.12 and 2.06.6 and the success determination <br />Grassy Gap TOJ 6/5/2009 6