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The Phase II and III bond release request of 2.1 reclaimed acres is specifically located within an area <br />referred to as Overland Conveyor corridor. The corridor for which this bond release applies is <br />approximately 4/10 mile long located between the former Transfer Buildings #2 and #3, which have <br />been removed along with the belt/structure and concrete footers. All of these features are shown on <br />the exhibit titled "Bond Exhibit SL -5 Acres Nominated for Release" submitted with this bond release <br />application and included as an attachment to this document. <br />This is the fifth bond release request (SL -05) filed for the Roadside Portals North and South Portal <br />Mines. The initial (SL -01) application was withdrawn. The SL -02 application for Phase I bond <br />release was approved October 27, 2003. Various reclaimed surface facility locations within the <br />permit area were granted Phase I 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 I 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. The SL -04 application was <br />approved January 26, 2009 and 18 acres were released from Phase I liability in the South Portal areas <br />and at the site of the former overland conveyor /tube structure. <br />The Division presently holds a corporate surety performance bond in the amount of $1,646,038.00 of <br />which $10,073.00 is being requested for release. <br />The SL -05 application for a Phase II and III bond release was received by the Division on May 19, 2009. <br />The application was deemed complete on June 23, 2009 after the Division received proof of publication <br />of the applicant's public notice. Snowcap Coal Company, Inc. published notice of the bond release <br />application in The Daily Sentinel once weekly for four consecutive weeks, beginning on May 22, 2009. <br />SCC also notified land owners within and adjacent to the mine permit area, and other interested parties <br />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 July 10, 2009. The site inspection <br />was conducted in accordance with Rule 3.03.2(2). Mr. Mike Boulay and Mr. Dan Mathews of the <br />Division, Ms. Tonya Hammond of Snowcap Coal Company, Inc. (SCC), Ms. Christine Belka of the <br />Office of Surface Mining Reclamation and Enforcement, Western Region -DFD, and Mr. Jim Stover <br />of J.E. Stover & Associates, Inc. accompanied the DRMS for the entire inspection. None of the other <br />land owners of record attended the inspection; however, all land owners were notified of the inspection <br />via certified mail. <br />Adequacy questions and concerns raised by the Division during the inspection are detailed in the <br />Division inspection report dated July 21, 2009, 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 <br />