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caused hydrologic changes that adversely affect the approved post- mining land use in the bond <br />release areas. <br />Summary and Conclusions <br />Based upon a review of the mine permit, the applicant's bond release application, and site inspections, <br />the Division finds that Kerr Coal Company has successfully completed all surface coal mining <br />reclamation operations in accordance with the approved reclamation plan and met all requirements of the <br />Act and the Rules. <br />This judgment is echoed by the OSM inspector who participated in the bond release inspection in <br />December 2012. Mr. Dan MacKinnon wrote in his report (received by the Division on June 7, 2013) <br />that he believes that the reclamation observed during the inspection meets Phase III criteria (after the two <br />wells at the loadout are removed and reclaimed, which has occurred). <br />IV. PROPOSED DECISION <br />Based on the observations above, the Division proposes to approve Kerr Coal Company's request for a <br />Phase II and III bond release for the Marr Mine. The Division further proposes to terminate State <br />jurisdiction at the Marr Mine. This proposed decision will release the applicant from liability for all <br />reclamation work at the mine site and the loadout. <br />The original performance bond for the Marr Mine was $5,500,000.00. The Division previously returned <br />most of this amount ($5,480,863.00) for all reclamation work at the mine site and all reclamation at the <br />loadout except backfilling, grading, and seeding at the reclaimed pond. The remaining liability, prior to <br />SL -05, was $19,137.00 <br />The Division currently holds a performance bond of $19,619.00. Based on the observations above, the <br />Division proposes to release this entire amount ($19,619.00). No reclamation work remains to be done <br />at the Marr Mine. <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 The Jackson County <br />Star as soon as possible. Requests for public hearing must be submitted to the Division in writing <br />within thirty days of the first publication in the The Jackson County Star . If no hearing is requested <br />within that thirty days, the Division's decision will become final. <br />8 <br />