2004-04-09_GENERAL DOCUMENTS - C1981038

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SUMMARY OF THE REVIEW PROCESS BRL's initial application submittal for surety release SL-02, dated September 24, 2002 was received at the Division on September 26, 2002. The submittal contained the information required in Rule 3.03.2(1)(a) and (b), including a map showing the locations of the Bowie No. 1 East Mine and West Mine areas, an as-built map of the West Mine backfilling and grading work, copies of the written notices sent to surface and adjoining property owners and [he proposed public notice. On October 30, 2002, BRL supplied proof that the public notice was published in the Delta County Independent on October 2, 9, 16 and 23, 2002. In a submittal dated November 5, 2002 and received at the Division on November 8, 2002, at the Division's request, BRL supplied a revised West Mine map that delineated the area proposed for the bond release. In the same submittal, BRL supplied a detailed breakdown of those reclamation tasks proposed for bond release and those reclamation tasks that remain. The Division called the SL-02 submittal complete on November l8, 2002, with the completeness letters mailed out the following day. In accordance with Rule 3.03.2(2), the surface owners and surface land managers, as well as the Office of Surface Mining (OSM) were notified of the planned bond release field inspection. The land manager of the West Mine and a portion of the East Mine is the BLM while the landowners of a portion of the East Mine site are Martin and Jennie Pavlisick. The notification letters were dated December 9, 2003 and informed the recipients that the field inspection would take place on December 17, 2003 at 9 am. Two representatives from BRL, two representatives from BLM and one representative from OSM were present for the field inspection. The private landowners' representative, Kenneth Pavlisick, was not present for the start of the inspection but would join the group later. However, due to a significant snowfall the night before the inspection, it was agreed by all parties to postpone the field inspection until weather permitted. Meanwhile, the Division sent its first adequacy review letter, dated January 6, 2003, to BRL. Copies of the adequacy review letter were also sent to the BLM and OSM. The issues brought up by the Division included demonstration of the factor of safety for the West Mine backfill, written approval from the Mine Safety and Health Administration (MSHA) of the portal sealing and backfilling work, several questions concerning maps, several questions concerning the status of roads and trails at the sites, the existence of a monitoring well inside the mine workings and an estimate of the volume of backfill remaining at the West Mine. The first field inspection for the partial Phase One bond release was held on June 10, 2003. All parties were contacted and all were present for the inspection. Representing the federal government during the entire inspection was Randy Pair of the Office of Surface Mining. Also present for the entire inspection was Basil Bear, representing the operator, BRL. Collin Stewart represented BRL as well during the start of the inspection. The land manager for the West Mine area and for the West Ridge Waste Pile at the East Mine was the Bureau of Land Management (BLM), represented by Desty Dyer and Donna Knox. The representative of the surface owners of the area undergoing bond release at the East Mine, Kenneth Pavlisick, was present for that portion of the bond release inspection. An inventory of demolished structures and of the portal sealing work was made both at the West Mine and at the East Mine. Also, a detailed inspection was made of the West Mine backfilling and grading work and the West Mine sediment control system. Although the entire West Mine portal bench area was backfilled and graded, only the upper area is included in the bond release request. The upper area includes the backfilled and graded portal bench and the backfilled and graded haul road leading from the portal bench to the public road. The lower area contains the two sedimentation ponds and the underlying East Roatcap Creek culvert. Once the remaining upper area has enough vegetative cover to stabilize erosion,