INSPEC08275

• Permit No: C1981044
• IBM Index Class Name: Inspection
• Doc Name: Inspection Report
• Inspection Date: 11/18/2004
• Media Type: D
• Archive: No

III. COMMENTS -COMPLIANCE
Below are comments on the inspection. The comments include discussion of observations
the inspection and the facts or evidence supporting the enforcement action
This was a partial inspection conducted by Janet Binns and Dan Hernandez of Colorado Division of Minerals and
Geology for the purpose of reclamation liability release SL-02. Other parties and agencies present at various
times during the inspection included:
Mr. Henry Austin, Office of Surface Mining, Denver Field Division (OSM)
Mr. Brad Barker, Surface and Coal Owner
Mr. Robert Emst, Bureau of Land Management (BLM)
Ms. Tonia Folks, Colowyo Coal Company
Mr. Rocky Thompson, BTU-Empire/RAG-EC, Geologist
Ms. Sandra White, BTU-Empire/RAG-EC, Environmental Specialist
The operator, BTU-Empire/RAG-EC, has applied for liability release on lands overlying underground workings
on portions of the permit area located west of the Williams Fork River and the Portal No. 5 facilities azea. The
area requested for release is privately-owned and state-owned. The surface owners aze BTU-Empire/RAG-EC,
Barker Trust, Lorence and Raeola Ellgen, and Colorado State Land Board. Coal owners within the release area
are Barker Trust, Greeley Land and Coal, BTU-Empire/RAG-EC, and State of Colorado. Colowyo Coal
Company owns and maintains a rail line within the bond release block, but is not designated in the Eagle Mine
permit as a surface owner of the land beneath the rail line.
The inspection commenced at approximately 8:20 am on I l/18/2004 at the mine access gate on the east side of
Colorado State Highway 13. The weather was cool and foggy. Ground surface was frosty but not snow covered.
The operator provided a Liability Release Areas Map # 1, a geologic cross-section, and a geologic map at the
time of the inspection, which were consulted to orient all parties present. The inspection then progressed to the
mine office to conduct Mine Hazard training.
The inspection continued by proceeding along the rail line owned and maintained by Colowyo Coal Company
located South of the confluence of the Williams Fork River and the Yampa River. A portion of this rail line lies
within the area requested for subsidence liability release and a portion of the rail line overlies underground
workings. Much of the rail line that falls within the liability release request area lies within Mr. Barker's
property. At Mc Bazker's request, representatives of RAG-EC/BTU-Empire did not accompany the inspection
on Mr. Barker's property. No visual indications of subsidence features were observed along the segment of track
located within the bond release block. Ms. Folks, representing Colowyo, said that Colowyo keeps maintenance
records of the rail line, and that these records would provide information regarding significant subsidence along
this segment of track.
The inspection progressed northeastward along an access road on Mr. Barker's property up the slope east of the
rail line. Feature no. 1 was encountered in SE'/a Section 36, T6N, R92W. This feature is vegetated and has a
higher frequency of grasses compared to the predominately sagebrush community surrounding this feature. See
photo 1 and 2. This feature has a generally circular appearance, is approximately SOft. in diameter, is well
vegetated and shows no evidence of open holes or erosional features. Located Southeast of feature no.l, feature
no. 2 was observed. Feature no. 2 is located in the SE Y< of Section 36 and appears to correlate to the southern
end of the 3`d South Mains, based on Liability Release Areas Map #1 underground workings map. Feature no. 2
is roughly triangular in shape, approximately 70 ft. long by 30ft. wide. The feature looks like the slope was
backfilled a considerable time ago based on l8" to 24" tall sagebrush established on this feature. Coal appears to
outcrop along the western edge of this feature (bottom of slope) and no openings or erosional features were
noted. See photos 3 and 4. A third feature was noted Southeast of feature no. 2. A small coal outcrop has been
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