2017-01-27_REVISION - C1980002 (2)

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Denver Field Branch Final Termination of Jurisdiction Evaluation Report Mine: Ohio Creek No. 2 Mine Permit No: C-1980-002(revoked) Date of Inspection: July 12, 2016 Weather: Hot and sunny with dry ground State Officials: Janet Binns and Brock Bowles OSMRE Official: Tom Medlin (#562) Background This was a final termination of jurisdiction (TOJ) evaluation at the Ohio Creek No. 2 Mine bond forfeiture site in Gunnison County, Colorado. The revoked permit for the Ohio Creek No. 2 Mine encompasses 88.5 acres, 3.22 of which were disturbed by underground coal mining activities and subsequently reclaimed. The surface rights are privately owned and the mineral estate was federal. The post -mining land uses include wildlife habitat and rangeland. The legal description of the lands to be released is as follows: the S 1/2 of lots 1 and 2, which said lots are co -extensive with the SE'/4 of the NE'/4 and the SW '/4 of the NE'/4 of Section 16, Township 15 South, Range 86 West, 6th P.M., Gunnison County, Colorado. The permit area can be found on the USGS Mount Axtell 7.5 minute quadrangle map. Public notice of the Division's proposal to terminate jurisdiction was provided for four consecutive weeks in the Gunnison County Times, beginning March 31, 2016. Landowners within and adjacent to the permit area and interested parties were also notified by the Division. The Colorado Mined Land Reclamation Board (CMLRB) revoked the permit and forfeited the $36,000 cash bond due to compliance issues in February, 1996. The final permittee, Robert Weaver, conducted primary reclamation of the site between 1993 and 1995 prior to permit revocation and bond forfeiture. Upon transfer of the $36,000 into a bond forfeiture account in March, 1996, the Division of Reclamation, Mining and Safety (DRMS) performed the remaining reclamation work in the summer and fall of 1996. The site was later re -seeded by the Division in October, 2006. Colorado outlines requirements for bond release at Rule 3.03.1 of the Regulations for the Colorado Mined Land Reclamation Board. In order to attain Phase I bond release, an operator must backfill, re- grading, and establish drainage control in accordance with the approved reclamation plan. Topsoil placement and vegetative establishment in support of the post -mining land must occur prior to attaining Phase II bond release. For Phase III bond release, the operator must complete all surface coal mining reclamation operations in accordance with the approved reclamation plan. When a valid mining permit remains in place, the operator may not receive final Phase III bond release prior to the expiration of a ten-year revegetation responsibility period. The Ohio Creek No. 2 Mine permit was revoked and the bond was forfeited prior to the operator receiving any phase of bond release. As noted above, the final permittee did conduct reclamation operations prior to the permit revocation and bond forfeiture. The Division completed the reclamation plan and conducted vegetation monitoring on the site. The Division verified topsoil placement in October, 1996. The Division conducted year -nine vegetation sampling in 2015 and year -ten vegetation sampling in 2016, in conjunction with this field evaluation.