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The Partial Phase I Bond Release inspection for the Bear No. 3 Mine was held on November 3, 2009. The <br />particulars of the bond release inspection are detailed further in this findings document. It was determined <br />during the inspection that scattered mine-related debris and, possibly, the fence needed to be removed <br />before final bond release could be granted. Additional information concerning the ownership and ultimate <br />disposition of the fence and bridge was also requested by the Division. It was agreed upon that the follow <br />up inspection to determine the degree of success of the remaining reclamation projects would be part of a <br />normal monthly inspection and would not be announced to or attended by the surface owners. <br />In letters dated November 17, 2009, the Division sent copies of the Division's November 3, 2009 bond <br />release inspection report to the Bear Coal Company, the BLM, the USDA-Forest Service, Oxbow Mining, <br />Mountain Coal Company, the DLH 2001 Family Trust and OSM. <br />In a submittal received at the Division on December 7, 2009, the OSM presented their inspection report, <br />dated December 7, 2009, of the November 3, 2009 bond release inspection. The issues brought up in the <br />OSM inspection report were the same issues brought up in the Division's inspection report. No other <br />comments were received by other agencies or organizations or by the general public. <br />In e-mail discussions during the last half of 2010, it was resolved that, at the request of Mountain Coal <br />Company, the fence and gate would be removed. In addition, it was determined that the bridge was owned <br />by Mountain Coal, leased to Oxbow Mining and, then, subleased to the Bear Coal Company. The bridge <br />will need to remain until final bond release in order to provide access to the reclaimed site. The paved <br />haul road also is to remain. In addition, the DMEA requested that the power pole remain on site. <br />Mountain Coal, whose land the power pole sits on, agreed. <br />The Division conducted the follow up inspection on December 14, 2010. As agreed upon previously, no <br />one else attended this inspection. All remaining field items relevant to SL-4 had been completed. <br />In a letter dated January 5, 2011, the Division requested the Bear Coal Company submit a minor revision <br />in order to update the permit application with these remaining reclamation issues. For that reason, the <br />Bear Coal Company submitted Minor Revision No. 33 on February 28, 2011. The issues of retention of <br />the power pole and bridge, the disposition of the hillside spring water treatment pond and spring and <br />clarification of the burial of concrete on site were included in the revision. The Division approved MR-33 <br />on March 22, 2011. <br />The Division did not receive any comments or requests for a public hearing or informal conference during <br />the SL-4 bond release adequacy review process. <br />2