_INSPECTION - C1981041 ‎(47)‎

• Permit No: C1981041
• IBM Index Class Name: INSPECTION
• Doc Name: Inspection Report
• Inspection Date: 7/10/2009
• Email Name: MPB
• Media Type: D
• Archive: No

M. COMMENTS-COWLLANCE
Below are comments on the inspection. The comments include discussion of observations made during the
inspection. Comments also describe any enforcement actions taken during the inspection and the facts or
evidence supporting the enforcement action.
This was a partial inspection of the Roadside Portals Mine conducted on July 10, 2009 and a
Phase II and III bond release inspection of the "Overland Conveyor" area located adjacent to the
Union Pacific Railroad and south of I 9/10 Road. Mike Boulay and Dan Mathews of the
Division of Reclamation, Mining and Safety(DRMS) conducted the bond release inspection.
Ms. Tonya Hammond of Snowcap Coal Company, Inc. (SCC), Ms. Christine Belka of the
Office of Surface Mining Reclamation and Enforcement, Western Region-DFD, and Mr. Jim
Stover of J.E. Stover &Associates, Inc. accompanied the DRMS for the entire inspection. None
of the land owners of record attended the inspection; however, all land owners were notified of
the inspection via certified mail. Weather conditions were clear and warm and ground
conditions were dry. The entire bond release area was accessible.
The primary focus of this inspection was a full bond liability release request(Phase II and III) of
2.1 reclaimed acres located within an area referred to as the Overland Conveyor corridor. The
conveyor corridor for which this bond release applies is approximately 4/10 mile long located
between the former Transfer Buildings#2 and#3. It was used to convey coal to the Unit Train
Loadout. In December 2001 the conveyor belt/structure and concrete footers from Transfer
Building#2 to Transfer Building#3 were removed and Transfer Building#3 was dismantled and
removed. In July 2003 the conveyor corridor, from the Xcel culvert north to Transfer Building
#3 was graded to approximate original contours and seeded. The Xcel culvert housed the
Overland Conveyor at Xcel's service road crossing. Xcel requested that the culvert remain
permanent because it provides a favorable grade for their service road and removal of the culvert
would cause a disruption in their coal deliveries. The culvert has been approved as a permanent
post-mine feature(see Appendix 14-5 page A14-5-27). In December 2003 the conveyor tube,
Transfer Building#2, sewer pump station and all concrete footers/foundations were dismantled
and removed. In March 2004 the conveyor corridor, from the Xcel culvert south to Transfer
Building#2 was graded to approximate original contours and seeded. In January 2009 the
operators rail spur from the Union Pacific's rail to 19/10 Road was removed. The area was
graded to approximate original contours and seeded. This entire area was included in a Phase I
bond release(SL-02) in June 2003. The proposed decision for SL-02 was issued on August 15,
2003.
This Phase II and III bond release inspection was conducted pursuant to SCC's Bond Release
Application submitted May 18, 2009. Since the approved postmining land use of the release area
is industrial /commercial the applicable bond release criteria were evaluated pursuant to the
requirements of Rule 4.15.10. The primary criteria for this bond release are 1) Establishment of
an industrial use of the site and evidence that the industrial use is being implemented, and 2)
Adequate revegetation to control erosion. The conveyor corridor is within an area where the pre-
mining land use was industrial or commercial and the approved post-mining land use is