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privately owned land that had already been disturbed by mining activity. <br /> Work began in October 2015 to reclaim the mine. The portals and vent shafts were permanently <br /> sealed by the end of 2015, and major structure demolition and removal was completed by the end <br /> of 2016. <br /> Given that mining operations on the site have been ongoing since 1902, much of the disturbance <br /> associated with the mine was caused prior to the effective date of the Surface Mining Control <br /> and Reclamation Act of 1977 and the Colorado Surface Coal Mining Reclamation Act. Baseline <br /> environmental factors were not measured, and no topsoil was salvaged prior to the disturbance. <br /> Disturbances made following the effective date of the Act have been permitted and conducted in <br /> compliance with the Act and Regulations; (these include the Hubbard Creek Ventilation Fan No. <br /> 2 facility, the methane degas wells, the Sanborn Creek Tract, the Elk Creek facilities, the West <br /> Valley and II West Coal Refuse facilities, and the Bear Creek fan site facility). All other areas of <br /> disturbance at the mine occurred prior to the effective date of the Act. <br /> Surface topography will generally be returned to the approximate original contour(AOC), with <br /> several exceptions: <br /> In the Elk Creek drainage, at the northern end of the facilities area, a methane thermal oxidation <br /> and electricity generating facility operated by Vessels Coal Gas, Inc. will remain as a permanent <br /> facility on a level pad. <br /> The original Bear Creek and Hubbard Creek ventilation facilities will be backfilled only to the <br /> extent practical, given the fact that these small facilities areas are pre-existing and cut into steep <br /> slopes. Furthermore, requests are on file from the federal agencies who manage the surface in <br /> two of those areas (the US Forest Service for the Upper Hubbard Creek area and from the US <br /> Bureau of Land Management for the Lower Hubbard Creek site)to maintain them in their <br /> present condition as gravel pad parking lots for users of the access; the Bear Creek fan site is to <br /> be used as a methane thermal oxidation facility, operated by North Fork Energy, LLC. <br /> Permanent waste piles will be blended into the surrounding topography. The main mine access <br /> road will be left in place following mining in order to provide access to the Somerset Cemetery <br /> and Elk Creek. The power line access road and power line corridor will be reclaimed. <br /> Following grading, all pre-law disturbed areas in the Elk Creek Mine yard will have surface <br /> material sampled to determine if it will be suitable for direct revegetation. The Sanborn Creek <br /> Tract disturbance will be sampled in a similar fashion. If it is found that the surface material is <br /> not suitable, the area will be top-dressed with suitable materials obtained from excavation for <br /> reestablishment of the Elk Creek drainage from a borrow area near the backfilled Elk Creek <br /> access portals or from topsoil stockpiles. Suitable plant growth medium will be spread to a <br /> thickness of at least six inches. The area will then be seeded with the approved seed mixture by <br /> either drill-, broadcast- or hydro-seeding methods, as specified in Exhibit 2.05 —E6. Mulch will <br /> not be used unless the slope of the reclaimed area exceeds 2.5H:1V. <br /> Somerset Mining Company, now OMLLC, conducted a detailed soil survey and vegetation <br /> 10 <br />