2015-10-08_REVISION - C1981041 (12)

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Summary and Conclusions The Division has completed its review and evaluation of the SL -8 Phase I/11/111 bond release request submitted by SCC for the Roadside North and South Portals Mine. Based upon a review of the mine permit, the applicant's bond release application, monitoring reports, and site inspections, the Division finds that Snowcap Coal Company, Inc. has successfully completed all surface coal mining reclamation operations at the North and South Portal areas in accordance with the approved reclamation plan, and has met all requirements of the Act and Rules. The entire 8.5 acres for which Phase I release was requested are stable and in good condition. With exception of the 8.5 acres of surface disturbance being withheld from Phase III bond release as previously described, reclamation obligations have been entirely completed at all surface disturbed locations for which bond release was requested. Attachment 14 provides a summary of all surface disturbed and affected acreages approved for bond release. All reclamation obligations have been completed within these areas proposed for release. There were no signs of serious erosion or instability. Pollution of surface or ground water is not occurring and is not expected to occur. For the areas the Division is proposing to release, SCC has successfully minimized disturbance to the prevailing hydrologic balance at the Roadside North Portals and in associated off-site areas. Certain select areas at the South Portal will be withheld from final bond release pending further investigation and understanding of potential subsidence and hydrology related impacts. These specific locations are described above under Reclamation Success and are shown on Attachment 5. With exception of 114.1 acres, the lands for which liability release is requested in the undisturbed but affected areas (2147 acres) meet the criteria of a minimum liability period of three years after mining, in accordance with Division policy (Attachment 4). The proposed release area delineated on Bond Release Map SL -08 (Attachment 1 of this document) includes areas that were undermined, as well as areas that were not undermined or otherwise affected by Permit C-1981-041 operations. The major portion of the proposed release area is rugged, undeveloped rangeland/wildlife habitat, with no identified structures or renewable resource lands that might potentially be subject to material damage due to mine subsidence. However, a small percentage of the proposed release area includes certain renewable resource lands, specifically hydrologic features including the stream channels and associated alluvial aquifers of Rapid and Cottonwood Creeks in the South Portal area, which were undermined in certain limited locations. Several man-made structures which were undermined, or situated near where mining occurred, are also located within or adjacent to the proposed release area. Specifically in the South Portal area, this includes two residences (Erickson and Hasstedt properties), City of Palisade raw water pipelines, and the Ute Water Treatment Facility. All potentially affected parties were notified of the bond release inspection by inspection notification letters dated October 8, 2013 and were invited to attend. Of these, only three land owners of property that lies within the permit area attended. Mr. Hasstedt attended the first day of the inspection. During the bond release inspection, Mr. Hasstedt indicated he has no foundation problems and has observed no cracks or any other subsidence related problem. Subsequent to the bond release inspection, Mr. Hasstedt contacted the Division and requested an inspection of his property. During the inspection on August 1, 2014, he identified to the Division a crack in the backfill material on the west side of his house and a deck attached to the west side of his house which has sagged and he believes may be subsidence related. There is no other Page 35