2008-10-07_PERMIT FILE - C1981047 (4)

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• Reclamation around the lower stockpile and scale locations was done in 1986. The coal waste in the lower stockpile area was hauled to the mine bench and used as backfill. Loaders, dozers and trucks were used to accomplish this work. The Blue Ribbon Reservoir No. 1, also known as Pond No. 1 was reclaimed during 1986. The pond was drained and the embankment around the south, east and west sides was pushed into the center. Exhibit F shows the approximate final contours of the reclaimed No. 1 Pond. The contours in the area of the pond were drawn relative to recent elevation control; therefore, the contours do not match other contours on the map. The design of these final contours was done assuming original contours similar to Exhibit X and considering the amount of material available. The amount of material available for reclamation of this pond was reduced by an estimated 5,000 cubic yards which was used as bench cover. The drainage from the draw north of the bench was channeled across the reclaimed pond 150' to 200' west of its original location due to the location of the stabilized bench. This wide 0.8% grade channel was vegetated and did not require riprap. The Hubbard Creek channel did not require major reconstruction. Up to 2,000 cubic yards of gravel from the pond was used on the reclaimed banks along the creeks as additional erosion control. This gravel was also placed in Ditch F and on the emergency spillway in Pond 5. Sediment control during vegetation of this area consisted of two tons per acre straw mulch with netting used to hold it in place. Rapid vegetation is expected in this area due to its proximity to the creek and water table. The design of the final contours was not expected to prevent flooding of the area • during periods of high flow. Dozers and excavators were used to accomplish this work. By a letter to J. E. Stover & Associates, Inc., dated June 29, 2005, Oxbow Mining, LLC requested that the Hubbard Creek Culvert and the access road to Pond No. 5 be left in place. Oxbow further asked that Pond 4 and Pond 5 be reclaimed in accordance with the approved mining and reclamation plan. The Operator will comply with Oxbow's request. Oxbow's letter is located in Volume 1, Appendix G. By letter to the Colorado Division of Reclamation, Mining and Safety dated August 29, 2009, Oxbow expressed its preference for pond reclamation. As requested by Oxbow, pond 5 will be backfilled and graded by pushing in only the southern portion of the pond embankment sufficient to route drainage from the coal mine waste disposal pile toe ditch into Hubbard Creek. Reclamation of pond 5 will also include the removal discharge pipes and filling in the emergency spillway. Reclamation of pond 4 will involve removal of the discharge pipes and pushing in the northeast portion the pond embankment so drainage is routed into Hubbard Creek. Oxbow's letter is located in Volume 1, Appendix G. As indicated on page 105, a soils loss comparison has shown the ponds are no longer needed so they will be reclaimed as requested by Oxbow. • TR-15 1081 09/08 ~ PPrza~~o ~d/~~~s