_INSPECTION - C1980005 ‎(35)‎

• Permit No: C1980005
• IBM Index Class Name: INSPECTION
• Doc Name: Inspection Report
• Inspection Date: 8/13/2009
• Email Name: DTM
• Media Type: D
• Archive: No

III. COMMENTS - COMPLIANCE
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.
General Comments
This was a partial inspection of the mine site. The inspection was preceded by a meeting at the Peabody
Twentymile Coal Company office, to discuss Peabody Sage Creek Coal Company's recently submitted permit
application for the proposed Sage Creek underground mine. DRMS attendees at the meeting in addition to
myself were Dan Hernandez, Tom Kaldenbach, and Janet Binns, all of whom are involved in review of the Sage
Creek application. Peabody Seneca Coal Company representatives included Roy Karo and Jay James, and
Peabody Sage Creek Coal Company representatives included Jerry Nettleton, Brian Dunphee, and Scott
Cowman. All of the individuals listed were present on the site inspection on 8/13/09, with the exception of Mr.
Nettleton.
The proposed permit area for the Sage Creek Mine will include most of the current Seneca II permit area with
the exception of the Pond 008 watershed. Issues discussed at the brief meeting included a summary of those
areas that would be incorporated into the Sage Creek permit, necessary amendments to the current NPDES
permit, the need for access agreement documentation, appropriate signage for both permit areas, and the
importance of properly marked permit boundaries on the ground. There was also discussion of the need to
ensure that approved revegetation success standards for the current Seneca II permit are properly applied to
both the proposed Sage Creek permit area, and the much smaller Seneca II permit that would remain (following
approval of the Sage Creek permit and future Seneca II Permit Revision application).
All areas of the Seneca II mine have been reclaimed with the exception of the shop facility. The sediment
ponds, the remaining stock ponds and roads have been approved as permanent facilities to support the
postmining land use. Full bond release has been approved for most"pre-SMCRA" reclamation (Pre-law). Phase
1 bond release has been approved for the major portion of"post-SMCRA" reclamation, and Phase 2 release has
been approved for a substantial portion of the Phase 1 release area. Currently a Phase 1 bond release
application (SL-4) is under review for areas of the"East Wadge" reclamation in the Pond 008 watershed,
Postmine Channel PM-12A in the Pond 008 watershed, and the solid waste disposal site in the Pond 002
watershed.
The partial inspection focused on the Pre-law Wolf Creek spoils area, Road E-1, portions of Road C, and the
length of postmine channel PM-12A. A brief follow-up inspection accompanied by Roy Karo was conducted on
8/14/09. Weather on both days of inspection was clear and warm, and ground conditions were dry.
Pre-Law Wolf Creek Spoils
The"Pre-Law"Wolf Creek Spoils area was permitted and bonded under the Colorado Open Cut Land
Reclamation Act of 1969 and the Colorado Open Mining Land Reclamation Act of 1973 as amended in 1976.
Rules and regulations in place at that time dictate the reclamation requirements for the Wolf Creek spoils. Refer
to the bond release findings for SL-1 and SL-2 for a more detailed description of the criteria.
A major portion (257.71 acres)of the Pre-Law spoils that were included in the Seneca II permit area was fully
released from bond within SL-2 (Proposed Decision November 29, 2007). Remaining pre-law lands include 67.4
acres in the old Wolf Creek Pit area, 1.13 acres for drainage channel PL-1, and a 0.26 acre narrow corridor that
was disturbed by dozer tracking across the reclamation to access to the Wolf Creek Pit area in 2007 for remedial
grading work.
The Wolf Creek pit includes areas of steep, poorly vegetated, acid affected spoils and a depression which holds
water during parts of the year. Channel PL-1 extends from the reclaimed Wolf Creek Spoils depression area
down gradient for approximately 1800 feet along an abandoned road corridor directing any overflow from the
depression area pond into the Sediment Pond 002 watershed. The Pre-Law Road that extends from the junction
of Road E-1 up to near the lower end of the PL-1 channel is not included as disturbed area subject to regulation
or bonding under the Pre-Law requirements.
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