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RENDERED: DECEMBER 7, 2012; 10:00 A.M. NOT TO BE PUBLISHED

Commonwealth of Kentucky Court of Appeals
NO. 2011-CA-001774-MR BLACK FIRE COAL COMPANY, LLC APPELLANT

v.

APPEAL FROM CLAY CIRCUIT COURT HONORABLE OSCAR G. HOUSE, JUDGE ACTION NO. 10-CI-00251

COMMONWEALTH OF KENTUCKY, ENERGY AND ENVIRONMENT CABINET

APPELLEE

OPINION AFFIRMING ** ** ** ** ** BEFORE: CLAYTON, MAZE, AND TAYLOR, JUDGES. CLAYTON, JUDGE: This is an appeal from a decision of the Clay Circuit Court regarding the forfeiture of surface mining reclamation bonds by the Energy and Environment Cabinet (the "Cabinet"). The Appellant, Black Fire Coal Company, LLC ("Black Fire"), contends that the forfeitures and consequent revocation of its permit were in error.

Based upon the following, we affirm the decision of the trial court upholding the Cabinet's final order. BACKGROUND INFORMATION Surface Mining Permit No. 826-0600 (the "Permit") was issued on June 22, 2006, to Black Fire by the Cabinet. Pursuant to this permit, mining was authorized on property in Clay County, Kentucky, known as the Hobbs Property. Black Fire submitted a Mining and Reclamation Plan map which set forth four bonding area increments under the Permit. They were as follows: Increment No. 1

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