2016-02-11_REPORT - C2009087 (3)

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Peabody Sage Creek Mining Page 3 September 1, 2015 total disturbance to 67.8 acres of which 58.2 acres was "re -disturbed" and 9.6 acres was "Newly Disturbed". It does not appear the cumulative total from the 2012 ARR was carried over and reported in the 2013 and 2014 ARRs and it does not appear any new disturbance occurred in 2013 or 2014. Also, the total disturbed area that was originally associated with the Seneca II Mine that is within the PSCM permit area is not accounted for in the Cumulative Total acres disturbed. The cumulative total acreages should account for previous years disturbance. Thus the cumulative disturbed area from 2011/2012 and the acreage disturbed from the Seneca II mine should have been included in the cumulative tally in the 2013 and 2014 ARR. The Division conducted a review of the bond release acreage totals reported in the 2014 ARR. The Phase I bond release acreage total does not appear to include 67.4 acres approved for Phase I bond release with the approval of SL2 for the PSCM. The Phase II bond release acreage does not appear to include 68.79 acres approved for Phase II bond release with SL2 for the PSCM. The acreage approved for Phase I and Phase II bond release with SL2 for the PSCM should be counted in the total bond release acreage reported on the ARR form. PSCM has been reporting that zero acres have been backfilled and graded, topsoiled and seeded. While this may be correct regarding the acres disturbed associated with the PSCM mining operation, it does not take into account acres that have been backfilled and graded, topsoiled and seeded associated with the Seneca II mine that are within the PSCM permit area. Based on the Division's review, PSCM should count the number of acres that have been granted Phase I bond release toward backfilling and grading acreage unless some of those acres include areas where a facility, pond or road etc. was approved to remain in place and were not actually backfill or graded. Also, acreage that has obtained Phase II bond release should be counted toward topsoiling and seeding acres unless some of those acres include areas where a facility, pond or road etc. was approved to remain in place and were not actually topsoiled or seeded. Below are two tables that highlight the Division's findings. Table 1 summarizes all of the acreages reported from 2011 to 2014 in the ARRs. Two columns identify the acreages the Division believes should have been reported on the ARR forms for 2013 and 2014. Table 2 summarizes the acreages approved for bond release that are located within the PSCM permit boundary that were approved and final decisions issued by the end of 2014. Table 3 summarizes the total area approved to be disturbed based on the PSCM permit application package revised with MR13.