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October 27, 2015 C-1981-033/Bear Mine LDS <br />Inspection Topic Summary <br />NOTE: Y=Inspected N=Not Inspected R=Comments Noted V=Violation Issued NA=Not Applicable <br />NA - Air Resource Protection <br />NA - Availability of Records <br />Y - Backfill & Grading <br />NA - Excess Spoil and Dev. Waste <br />NA - Explosives <br />Y - Fish & Wildlife <br />R - Hydrologic Balance <br />NA - Gen. Compliance With Mine Plan <br />N - Other <br />NA - Processing Waste <br />R -Roads <br />Y - Reclamation Success <br />Y - Revegetation <br />NA - Subsidence <br />R - Slides and Other Damage <br />NA - Support Facilities On-site <br />Y - Signs and Markers <br />NA - Support Facilities Not On-site <br />NA - Special Categories Of Mining <br />Y - Topsoil <br />COMMENTS <br />This was a partial inspection by Leigh Simmons of the Division of Reclamation, Mining and Safety (Division). <br />The Bear Mine permit was revoked on 6/6/2013. Kathy Welt of Mountain Coal Company (MCC) accompanied the <br />inspection. The weather was fine. <br />HYDROLOGIC BALANCE - Rule 4.05 <br />Drainage Control 4.05.1, 4.05.2, 4.05.3; Siltation Structures 4.05.5, 4.05.6; Discharge Structures 4.05.7, 4.05.10; <br />Diversions 4.05.4; Effluent Limits 4.05.2; Ground Water Monitoring 4.05.13; Surface Water Monitoring 4.05.13; <br />Drainage — Acid and Toxic Materials 4.05.8; Impoundments 4.05.6, 4.05.9; Stream Buffer Zones 4.05.18: <br />The river was running a little higher than the seasonal average (-180 cfs) per the USGS streamflow station <br />just upstream. No issues were noted with either the sediment pond or the treatment pond. <br />ROADS — Rule 4.03 <br />Construction 4.03.1(3)/4.03.2(3); Drainage 4.03.1(4)/4.03.2(4); Surfacing and Maintenance4.03.1(5) and <br />(6)/4.03.2(5) and (6) <br />Reclamation 4.03.1(7)/4.03.2(7): <br />The bridge that provides access to the site is owned by Arch Coal, (who are the owners of MCC and the <br />West Elk Mine also), Kathy Welt of MCC accompanied the inspection in order to see the current condition of the <br />bridge and to review alternative access options. Ms Welt said that MCC staff engineers could provide professional <br />advice regarding the bridge, but would not be able to sign off on its structural integrity. <br />Alternative access options could include: <br />- Using the highway access from the Oxbow water intake gallery and fording the river upstream of the Bear Mine <br />site (this would likely require that the river be forded three times); <br />- Driving equipment along the south bank of the river from the West Elk MB -5E ponds; <br />- Using highway access in the time of Somerset and fording the river just downstream of the bridge. <br />None of the options is compelling. <br />Number of Partial Inspection this Fiscal Year: 2 <br />Number of Complete Inspections this Fiscal Year: 2 <br />Page 2 of 6 <br />