2024-07-15_GENERAL DOCUMENTS - C1980007

• Permit No: C1980007
• IBM Index Class Name: General Documents
• Doc Date: 7/15/2024
• Doc Name: Proposed Decision and Findings of Compliance
• From: DRMS
• Type & Sequence: SL17
• Permit Index Doc Type: Findings
• Email Name: LDS
• Email Name: AME
• Media Type: D
• Archive: No

Table 1
Landowner/ Reclamation Phase I Phase II Road Pad Total
Phase Site Details Type Area Area
manager Date Release Release (Acres)
(Acres) (Acres)
1-21-38/2-21-37/3-21-36/
III B-seam MVB USFS 2008 SL-3 SL-4 1.23 1.23
4-21-32
III 15-05 B-seam MVB USFS 2004 SL-3 SL-4 0.62 0.62
III 15-06 B-seam MVB USFS 2004 SL-3 Null* 0.24 0.24
III 17-08a/17-08b B-seam MVB USFS 2006 SL-3 SL-13 0.82 0.82
III 19-04/19-05 and road B-seam MVB USFS 2008 SL-3 SL-4 0.91 0.91
III 20-01A/AAA B-seam MVB USFS 2007 SL-3 SL-4 0.69 0.69
III 20-31 B-seam MVB USFS 2008 SL-3 SL-4 0.58 0.58
III 22-04 B-seam MVB USFS 2007 SL-3 SL-4 0.52 0.52
III 23HG1E3XC/23HG3E3XC Exploration USFS 2007 SL-3 SL-4 0.13 0.13
III 24-06/24.07 and road B-seam MVB USFS 2006 SL-3 SL-4 0.94 0.94
III 24-09 B-seam MVB USFS 2008 SL-3 SL-4 0.1 0.1
III 24HG1E3XC/24HG1E4-5XC/ Exploration USFS 2007 SL-3 SL-4 1.57 0.9 2.47
24HG2E5XC and road /Null*
Total Acreage for SL-17* 1.57 7.68 9.25
* During the review of SL-17 it was noted that 15-06 and 24HG2E5XC were omitted from the
SL-4 Findings. Both of these sites were Phase I released with SL-3 and were reclaimed within the same
time period as other sites in the SL-3 and SL-4 releases(2004-2008).It is assumed that the omission was
a clerical error. The acreage of 15-06 is small (0.24 acres) and 24HG2E5XC is located on a pad shared
with two other exploration holes (both of which were included in the SL-4 Findings). In order to
reconcile errors that would otherwise be introduced in the bond release acreage accounting,an incidental
0.24 acres will be Phase II released with SL-17, as well as the 9.25 acres of Phase III release.
II. CRITERIA AND SCHEDULE FOR BOND RELEASE
PHASE III
Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be released when the permittee
has successfully completed all surface coal mining reclamation operations in accordance with this
approved reclamation plan, and the final inspection procedures of 3.03.2 have been satisfied. This shall
not be before the expiration of the period specified for revegetation responsibility in 3.02.3." Rule
3.03.1(4) states, " No bond shall be fully released until all reclamation requirements of these Rules and
the Act are fully met...". The same rule goes on to state, " No acreage shall be released from the permit
area until all surface coal mining and reclamation operations on that acreage have been completed in
accordance with the approved reclamation plan."
The West Elk Mine reclamation plan calls for the reclamation of all disturbed land to a post-mining land
use of rangeland and wildlife habitat [see page 2.05-50 of the permit application package (PAP)].
Disturbed areas must be backfilled and graded to approximate original contour(AOC, see page 2.05-61
of the PAP), unless specified otherwise.
Mine Ventilation Borehole(MVB)pads, other drill pads, and the associated light-use roads are small,
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