2009-02-09_GENERAL DOCUMENTS - C1981022 (3)

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C-1981-022 RN-05 Findings February 2009 The operator will use about 36.4 acre-feet per year for underground and above-ground dust suppression at the production rate of 6 million tons/year. This water will be drawn from an existing surface water right of 1300 acre-feet per year on the North Fork of the Gunnison River. More detailed information is available in the CHIS for the North Fork of the Gunnison River. IV. Topsoil The Division has determined that selected overburden materials may be used for, or as a supplement to, topsoil. The resulting soil should be equal to or better than the available fill material. This determination will be based on physical and chemical analyses and field-site trials approved by the Division (4.06.2(4)(a)). Oxbow Mining, LLC has agreed to remove and/or bury coal and coaly material on the pre-law Elk Creek yard area. Since topsoil is not available, the resulting surface material will be tested to determine if it is suitable as plant growth medium. If it is not, it will be covered by at least six inches of suitable plant growth medium or topsoil salvaged from development of the present coal mine waste pile area or the Sanborn Creek facilities areas. The areas stripped of topsoil for emplacement of the Sanborn Creek facilities will be regraded following mining, tested and treated with topsoil in a similar fashion. All stockpiled topsoil will be used in reclamation. None will be left stockpiled upon final reclamation. The topsoil stockpiled at the upper Hubbard Creek area will be used to partially cover pre-law waste piles that exist at the lower Hubbard Creek area. The upper Hubbard Creek bench will be retained as an approved USFS parking lot. Stipulation No. 25 addressed the need for an accurate, current assessment of topsoil balance across the mine site. This stipulation was satisfied by the Minor Revision 67, approved May 14, 2003. V. Sealing of Drilled Holes and Underground Openings The Division will require that each hole, well or other underground opening be capped, sealed, backfilled, or otherwise properly managed (4.07.3). This commitment is contained in the permit on pages 2.05-20, 49 and 67. VI. Coal Mine Waste Banks 1. The Division has approved plans for use, construction and maintenance of three coal mine waste disposal areas: the East Yard area, the West Valley Coal Refuse Facility, and the II West Coal Refuse Facility (4. 10.1 (1)). The East Yard waste pile is in the process of reclamation; the West Valley site has very little capacity remaining. The II 26