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The second reason the Division's releasable amount is less than that requested is because of the <br />exclusion areas, based on the bond release inspection. These exclusion areas used in the cost estimate <br />amounted to 55.8 acres out of the total 515.8 acres requested for release in SL-01. While these acres <br />account for only 11 °/) of the total acres requested, their impact in the overall release amount is greater <br />than that due to the floating bond concept. The Division has retained 100% of the dollars required for <br />the backfilling and grading of these areas as if they were still open pit areas. This has resulted in the <br />Division retaining $140,847.00 for the reclamation of these exemption areas (approximately <br />$2,500/acre of exemption areas). These dollars will be available for release upon SCC's successful <br />demonstration of Phase I criteria and the submission and approval of a Phase I Bond Release <br />application. <br />The 55.8 acres use in the estimate is slightly less than the 59.1 acres actually being excluded as shown <br />on Figures 3a and 3b. The reason for the difference in acreages is due to the fact that permanent <br />channels (YPM-7 and YPM-13) and temporary Diversion 14A that are being excluded from the SL-2 <br />bond release are accounted for in other cost estimate tasks. The Division is excluding 59.1 acres from <br />the SL-2 Partial Phase I Bond Release allowing 456.7 acres proposed for release. <br />Any person with a valid legal interest which might be adversely affected by this proposed decision may <br />request a formal public hearing before the Mined Land Reclamation Board in accordance with Rule <br />3.03.2(6). Public notice of this proposed decision will be published twice in the Steamboat Pilot as <br />soon as possible. Requests for public hearing must be submitted to the Division in writing within thirty <br />days of the first publication in the Steamboat Pilot. If no hearing is requested within that thirty days, the <br />Division's decision will become final. <br />18