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design in Tab 20 of the permit application package. <br />Light Use Roads LU -4, LU -5, Pond 013, and Pond 014 — No corrective action was identified for <br />these areas, as they were not evaluated for bond release. The Division and the operator mutually <br />agreed to exclude these areas from consideration for this Phase I bond release request. <br />IV. PROPOSED DECISION <br />Based on the observations above, the Division proposes to partially approve Seneca Coal Company, LLC's <br />request for a Phase I bond release for the Yoast Mine. This proposed decision will release the applicant <br />from liability for backfilling, grading, and drainage reestablishment on 115.5 acres as described in Table 2 <br />and depicted on Figures 3a -3c of this document. <br />The Division estimates its cost to complete remaining reclamation work at the site to be $2,159,230.00. <br />The reclamation performance bond includes liability for backfilling and regrading work on the 103.38 acres <br />that have not been Phase I bond released (shown on Figures 4a -4c of this document); topsoil redistribution <br />on the 256.6 acres not yet Phase 11 released; complete reseeding of all 848.6 disturbed areas; drillhole <br />sealing, backfilling, regrading, and reseeding of the 2002 and 2003 exploration programs (Minor Revisions <br />18 and 20); sealing of monitoring wells, and required maintenance over the remaining liability period. A <br />detailed summary of the remaining reclamation tasks and associated costs is provided in Table 2 of this <br />document. <br />The Division currently holds a performance bond of $2,611,566.00 for the Yoast Mine. The Division <br />proposes to release $452,336.00, as detailed in Table 3 of this document. The remaining $2,159,230.00 is <br />sufficient to assure completion of the remaining reclamation work at the site if the work had to be <br />performed by the Division, including the cost of reestablishing vegetation on any revegetated areas, should <br />those areas fail. <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 soon as <br />possible. Requests for public hearing must be submitted to the Division in writing within thirty days of the <br />first publication in the Steamboat Pilot. If no hearing is requested within those thirty days, the Division's <br />decision will become final. <br />Page 12 of 27 <br />Yoast Mine SL -4 <br />