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Second, a landslide just west of the reclaimed Bear No. 3 Mine portals is occumng. The landslide was first noticed by mine personnel in 1997. According to Drawing No. 17 of the SL-03 submittal and based upon ground observations, the landslide has encroached upon the westernmost edge of the Bear No. 3 portal bench reclamation and a section of the southwest edge of the reclaimed level facilities azea. As discussed later in this report, the landslide may be affecting the stability of the backfilling and regrading work. Lastly, there is a spring that is flowing out of the hillside, in the vicinity of the pre-law Edwazds/Clark B seam portal. The spring water is flowing at about 20 to 30 gallons per minute and is about 80 degrees Fahrenheit as it comes out of the ground. In June of 1999, the mine operator constructed an Edwards Mine portal spring water treatment pond in the azea between the sediment pond and the mine office. The spring water flows into the treatment pond by way of a ditch and pipe. The treatment pond discharges through a pipe and ditch system into the North Fork of the Gunnison River, just below the bridge. The dischazge point is an NPDES discharge point. Even though the spring water is dazk orange in color, water testing has shown that the water is in compliance with NPDES effluent standazds. There is an intermittently flowing seep, on the west end of the mine site, in the hill side near alluvial well AA-3. The seep water is dark orange in color and is coming from the landslide. This issue is pertinent to this Phase One bond release because the source of this discharge and the relationship of this discharge to the landslide and reclamation stability is not known. It is also pertinent because the treatment pond may be required as a permanent facility. The Phase One bond release inspection began at the facilities azea with an assessment of the structural demolition and removal work. The shop building, two warehouses, the substation and transformer, stacking tube, reclaim tunnel and loading bin had been dismantled and taken offsite, either for reuse, salvaging or for disposal, as documented in the Division's inspection reports for 1997. The conveyor system had also been demolished and sold for reuse, salvaging or disposed of offsite. The concrete floors and footers of the structures and buildings had been broken up and most of the concrete rubble was disposed of offsite. However, a small quantity of concrete rubble was buried in an excavated pit near the location where the portal access road meets the facilities area, as shown on certified Map 12 of the SL-03 submittal. As also depicted on Map 12, the concrete rubble was placed above the high groundwater table and covered with four feet of soil material. The approved post mining land uses for the Bear No. 3 Mine are limited residential and undeveloped land. In support of the limited residential land use, the reclamation plan in the permit application approved the retention of several structures. The mine office building is to remain and be returned to its pre-mine use as a residential building. The paved haul road and bridge, as well as the chain link fence that surrounds the mine site, will also remain in place. The Division is in possession of a letter, dated May 5, 1987, from the original surface landowner, Anchor Coal Company, in which it is stated that the frame building and fence be left in place as a residence. According to Oxbow Mining LLC, the current landowner of the mine office, there is a more recent letter, from Oxbow Mining LLC, reaffirming the same request. The Division.is requesting Bear Coal Company and Oxbow Mining LLC, if either is in possession of such a letter, to please forward a copy to the Division. Because the only access to this residence is the paved haul road and bridge, the road and bridge are to remain in support of one of the post mining land uses of limited residential land use. Also in support of the limited residential land use, the flood control berm along the river's edge and the powerline and poles to the mine building are to remain. 4