2024-03-12_REVISION - C1981022 (18)

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pad on private land regraded to approximate original contour, and the road re-routed to the east. Currently, the disturbed area remains in the condition described in the PAP (with the substation foundation pad, powerline and groundwater monitoring well H-10 remaining on the ground). Since the Upper Hubbard Creek Area is not yet eligible for Phase I bond release, it is in keeping with the Division's interpretation of the Act and Rules to continue to bond for the demolition of all structures in the RCE, including those that have already been demolished and removed. In order to make the area eligible for bond release, OMLLC should either implement the currently approved reclamation plan, or submit a Technical Revision to revise the plan. In either case, Map 2.05-M8 should be revised to show the post-mining land use of the area as "Recreation". When it can be demonstrated that the disturbed area is supporting recreation, a Phase I, II and III bond release application should be submitted. (e) Elk Creek Coal Handling, Support, and Ancillary Facilities (Page 2.05-55) According to sections 2.05.4 and 2.05.5 of the PAP, the post-mining land use for this area is "Undeveloped lands", and the following facilities are approved as permanent: • Culinary Water Supply, Treatment and Storage System (including the infiltration gallery, the treatment plant and pumping station, the transmission pipelines, and the 200,000-gallon storage tank) • Somerset Cemetery Road (also referred to as West Valley Haul Road) • Elk Creek Road • Sanborn Creek Road (also referred to as East Yard Haul Road) Revisions made to other parts of the PAP (Exhibit 2.05-E5, Map 2.05-M6, and Map 2.05-M8) with TR-76 have introduced some conflicting information: • Exhibit 2.05-E5, Item 6 states that portions of the Lower Elk Creek Facilities area (and some other areas)will be reclaimed to a post-mining land use of "Rangeland". This is at odds with the rest of the PAP (including Exhibit 2.05-E6 which presents the revegetation plan, and was revised with TR-77)which refers to a post-mining land use of"Undeveloped lands". This discrepancy should be corrected. • Exhibit 2.05-E5, Item 6 also states that five areas, some of which are in the "Elk Creek Coal Handling, Support, and Ancillary Facilities" area, will support an alternative post-mining land use (presumably "Industrial/Commercial", although it is not specified), including: Elk Creek Mine Facilities bath-houses, office, warehouse/welding shop complex, small vehicle maintenance building for support of GEC and NFELLC coal mine methane and Ragged Mountain Fire District facilities. Includes entrance road providing joint access to cemetery and NFELLC facilities beyond and east Elk Creek/Sanborn Creek Road. 6.2 acres 13