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Y <br />Eagle No. 5 & 9 Mines; pQ. 2 <br />As indicated above, right of access litigation was dismissed during December 2005, and this <br />change in surface property owners will now help to facilitate the transfer /succession of operator <br />from RAG American to BTU Empire Energy (a Peabody Energy affiliate); responses from the <br />permittee to DMG regarding the bond release findings generated during the fa112004 bond <br />release application and inspection; and finalization of the pending permit renewal. <br />Permit stipulations 9 and 10 are still active within the pending permit renewal, and it appears the <br />permittee is in compliance with the stipulation requirements. AVS coordination with both DMG <br />and OSM is occurring regarding the transfer /succession of operators. <br />We reviewed the quarterly refuse pile inspections /certification, and quarterly sediment pond <br />inspections, which are both current through the last quarter of 2005 as required. NPDES / <br />DMR's are also current through the last quarter of 2005 with 2 outfalls reporting discharges <br />during that quarter due to mine dewatering. No effluent criteria were exceeded by the discharges <br />sampled and reported. The annual reclamation report from last year dated Feb. 20, 2005, was <br />available. The current bond amount for the site is $3,552,679.00. <br />Mr. Nettleton provided us with a complete overview of maintenance activities on site. All ditches <br />and culverts were maintained during the fall of 2005. General site maintenance including <br />removal of boneyard equipment and general clean up was also completed during fa112005. The <br />permittee is working to remove beaver dams just south of the permit area, and drain this area. <br />Tamarisk growth associated with the inundation from the beaver dams will be eliminated. <br />The permittee is evaluating existing buildings at the main facilities area for possible demolition, <br />including appropriate identification and disposal of asbestos materials, and county inspection, A <br />minor revision will be submitted to DMG if demolition activities will go forwazd. The permittee <br />worked with Moffatt County weed control during 2005 to treat approximately 400 acres during <br />both spring and fall sprayings. Mr. Nettleton also discussed management of adjacent pastures to <br />include wheat plantings, leading to eventual seeding of native pasture (not a mine related <br />practice or disturbance on these pastures, but this will reduce weed habitat and improve the <br />pastures). This concluded our office review. <br />We conducted a basic inspection of the main facility area, as noted above, our observations were <br />limited due to snow cover and blowing snow. The reclaimed mine 5 portal area appears stable; <br />and the mine site generally appears well maintained afrer last years general site maintenance and <br />clean up. We inspected the discharge of the 3 mine dewatering impoundments in series just west <br />of the Williams Fork River. Discharge was clear and noted at the 7.5 level on the weir staff <br />gauge. We noted some standing water around the pond embankments, and suspect it is from <br />recent snow melt prior to this current snow. Mr. Nettleton will monitor the ponds during snow <br />melt to confit7n this. This concluded the inspection as blowing snow conditions made additional <br />observations impossible. <br />Please address any questions concerning this inspection report to Henry Austin, Senior Reclamation <br />Specialist, at haustin(~osmre.trov or to (303) 844-1400 x1466. <br />