2009-04-20_REPORT - C1980006 (3)

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Marr Mine and Loadout April 15, 2009 2008 Reclamation Report Pond A was reported leaking and the local contractor, Sessions, was called in (April '08) and repaired the base of the leaking standpipe. The base was backfilled and the rip rap was replaced. No damage occurred to the embankments or structures of either Pond A or Pond D. Two more rock dams, rip-rap being keyed in across the ditch, were installed in the entrance road ditch directly west of the shop facilities area. Former Ponds C and G were reclaimed, re-seeded, mulched and crimped during 2006. Varieties of the seeding as well as native species is taking hold with no significant erosion occurring on the site. In 2005, Kerr provided additional information pertaining to changing the status of the access road to the Pond G area and 900 feet of the main mine access road where it intersects with CR12E to a permanent light use road. Also, a Permanent Pond demonstration for Pond F was submitted to the DRMS. Approval of these changes was granted during 2007 for the road sections and to retain Pond F as a permanent structure. Previously, Kerr has obtained DRMS approval for grazing on the Mine Area. However, during 2008, given the anticipation of bond release, grazing was not scheduled. Map 1 (2008 Mine Area Reclamation) presents the general location and extent of site activities completed during 2008 as well as during previous years for the Mine area. Map 2 presents the reclaimed and permanent areas for the Loadout. These activities are described in more detail in the following sections. 1.0 BOND RELEASE KCC submitted a final Bond Release Request to the Division on September 6, 2007 for the mine areas that were eligible for release. Accordingly, KCC requested Phase 1 Bond Release, for permanent structures, roads, & ponds; Phase 2 Bond Release for permanent structures, roads, Loadout area, Pit 1 & Marr Pit; Phase 1, 2 & 3 Bond Release for permanent structures, Pit 1, Marr Pit & the 720 Pit. Subsequent to the request submittal, it was decided to allow additional time to seal & reclaim the remaining water monitoring wells at the mine so as to include the reclaimed wells in the bond release request. Availability of drill rigs to seal the boreholes was limited, but the sealing, reclamation & reseeding of the monitor well sites was completed in October, 2008. The exception was the spoils well, Spoil Well SP-01, which was converted to a stock watering well at the request of the land owner. The conversion was approved by the DRMS & the. Colorado Water Division. The Office of the State Engineer assigned Well Permit Number 232027 to the well. Two parcels at the mine area totaling 8 acres were excluded from the Release Request given that they were seeded in 1999 and not eligible for release (Rule: 3.02.3(2)(b)). Likewise, the Loadout site (11.7 acres) south of Walden was not eligible given that it was seeded in 1999 and reseeded in 2000. In accordance with Rule 3.03.2(2), a bond inspection was conducted at Kerr on October 23, 2007. Following review of the bond release request and publication of the public notices of the request/decision and notification to adjacent landowners (Rule: 3.03.2(1), the DRMS approved total release of 372.7 acres at the Kerr (Marr) mine area. The Division's approval for Bond Release SL-04 became final on January 5, 2009. Federal agencies, the Bureau of Land 2