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The Phase II and III bond release request of 14.8 reclaimed acres is specifically located within an <br />area referred to as the South Portal in T10S, R98W, Section 34. Reclamation work has been <br />performed from 2000 to 2008 at the Roadside South Portal site. The South Portal site has been <br />backfilled and regraded to approved final contours, and reseeded. All buildings and structures, <br />with the exception of those approved for retention, have been removed from this area. An <br />industrial/commercial postmining land use has been approved for the site. Additional details <br />regarding reclamation of the site and the postmining land use are provided below in Section III of <br />this document. The area included in the Phase II and III bond release is shown on the exhibit <br />titled "Phase 1.1 & III Bond Exhibit (SL-6) South Portal - Industrial" submitted with this bond <br />release application and included as an attachment to this document. <br />This is the sixth bond release request (SL-06) filed for the Roadside Portals North and South <br />Portal Mines. The initial (SL-01) application was withdrawn. The SL-02 application for Phase I <br />bond release was approved October 27, 2003. Various reclaimed surface facility locations within <br />the permit area were granted Phase I bond release based on proper completion of facilities <br />removal, drainage control, and backfilling and grading, by the SL-02 decision. The areas granted <br />Phase I bond release remain in the permit area, and are covered by the reclamation bond. The <br />SL-03 application was approved October 31, 2007 and released from full liability areas overlying <br />underground workings at the Roadside North and South Portal Mines totaling 7,294 acres. The <br />SL-04 application was approved January 26, 2009 and 18 acres were released from Phase I <br />liability in the South Portal areas and at the site of the former overland conveyor/tube structure. <br />The SL-05 application was approved November 5, 2009 and released 2.1 acres from full liability <br />at the "Overland Conveyor" area located adjacent to the Union Pacific Railroad and south of I <br />9/10 Road. <br />The Division presently holds a corporate surety performance bond in the amount of <br />$1,640,413.00 of which $67,420.00 is being requested for release. <br />The SL-06 application for a Phase II and III bond release was received by the Division on May 19, <br />2010. The application was deemed complete on June 25, 2010 after the Division received proof of <br />publication of the applicant's public notice. Snowcap Coal Company, Inc. published notice of the <br />bond release application in The Daily Sentinel once weekly for four consecutive weeks, beginning <br />on May 25, 2010. SCC also notified land owners within and adjacent to the mine permit area, and <br />other interested parties of the application for bond release, as required by Rule 3.03.2(1). No <br />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 27, 2010. The site <br />inspection was conducted in accordance with Rule 3.03.2(2). Mr. Mike Boulay of the Division, <br />Ms. Tonya Hammond of SCC, Ms. Elizabeth Shaeffer of the Office of Surface Mining <br />Reclamation and Enforcement, Western Region, Mr. Jim Stover of J.E. Stover & Associates, <br />Inc., and Mr. Brant Harrison landowner were present during the entire inspection. None of the <br />other land owners of record attended the inspection; however, all land owners were notified of the <br />inspection via certified mail. <br />Page 3