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Page 5 of 5 <br />it will not complete the remaining reclamation activities. Therefore, it is necessary that someone other <br />than Bear complete reclamation at the Mine. The Division holds the performance bond of $160,000 in <br />two Certificates of Deposits and consequently a surety or other guarantor is not available to complete <br />reclamation. Forfeiting the performance bond for the Permit will provide funds necessary for the <br />Division to complete the remaining reclamation activities at the Mine. <br />Recommendation <br />Based on the foregoing, the Division recommends that the Board issue a written decision, with findings <br />of fact, that: (1) revokes now - expired Permit No. C- 1981 -033 issued to Bear Coal Company, Inc., for <br />the Bear Coal Mine No. 3; and (2) forfeits the $160,000 performance bond for the Permit No. C -1981- <br />033 held by the Division. <br />Attachments: 1. December 27, 2011 Letter from Daniel Bear <br />2. CV- 2012 -009 <br />3. CO- 2013 -001 <br />4. February 25, 2013 Show Cause Order <br />