2008-11-28_INSPECTION - M1980244

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ORIGINAL - PUBLIC FILE (Page 2) MINE ID # OR PROSPECTING ID #: m-19An-944 INSPECTION DATE: 11.4' 0.408 INSPECTORS INITIALS: RK OBSERVATIONS The Division conducted a monitoring inspection of the site with Division staff and representative of the AG'S OFFICE. The main purpose of the site visit was to verify the issues raised during the adequacy review of Amendment 9 that the CC&V operation will not be under bonded for split blasting of high walls and to show Allen that mining is conducted at the site as reported and the DRMS, will not hold insufficient warranty at any time during the operation in the year 2016. The second reason was to show Jeff Fugate of the AG'S OFFICE, THE Carlton Tunnel Discharge area. The Division under amendment 9 conditional approval signed by the Director, accepted warranty for monitoring of the discharge post closure, even though the DRMS has not set any numeric protection levels nor does it have the jurisdictional authority to set numeric protection levels that are covered by the NPDES discharge permit. The NPDES discharge permit issued by the CDOH&E is based on the receiving stream standard, which in this case is Four Mile Creek. Decision to accept the warranty was approved by the Minerals Program Supervisor. While Gary Goodrich and Tim Comer, went with Allen so he can meet and resolve the warranty issue for the pits, with the mine's mining engineer, I drove Jeff and Lawrence Myers from CC&V, to the Carlton Tunnel Discharge are approximately 4.5 miles south of the CC&V mining permit area. As reported on numerous inspection reports for the site, the Division included the 14.5 acres of the Carlton Tunnel Discharge area, because it was affected by CC&V, as only affected area to be reclaimed once the operation cease to exist. The warranty in place is to backfill, grade, top soil and seed the area. These detention basins are just like any other detention basin in the 5,847 acre mine area, that are part of the BMP for the site. Because of the very limited watershed, the only drainage the discharge ponds receive are from the Carlton Tunnel (appx.1100gpm). Lawrence Myers explained the history of the ponds and what they are used for and why NERCO, the previous operator permitted the discharge in anticipation of mining under ground, which never happened. When Anglo purchased the mine, the discharge permit was transferred to Anglo. Under the new Discharge permit which is renewable every five years, all the seeps from the ponds are covered and regulated by the CDOH&E as stated above. Wet testing as required by the NPDES permit was being conducted at the time of the inspection Looked at the seeps along the road again Lawrence explained the monitoring frequency and the permit conditions of the NPDES permit. On the way to the Carlton Tunnel, briefly stopped and looked at the Carlton Tunnel portal area. After the inspection, CC&V informed the Division that they have agreed to provide a line by line cost estimation showing that by the year 2016, the site will have more than adequate warranty to cover any required worst case scenario pit wall split blasting and reclamation which should satisfy Allen's concern. The line by line cost estimation will be submitted as part of the North Cresson backfill revision no later than the end of December.