2009-11-16_INSPECTION - C1981033

• Permit No: C1981033
• IBM Index Class Name: INSPECTION
• Doc Date: 11/16/2009
• Doc Name: Inspection Report
• Inspection Date: 11/3/2009
• Email Name: JJD
• 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.
Introduction
This was a Partial Phase I Bond Release inspection at the Bear No. 3 Mine. It was a partial phase I bond release
request because the west half of the reclaimed hillside and the sediment and hillside spring water treatment ponds
were excluded from consideration at this time. The Bear Coal Company requested bond release for structural
demolition and backfilling and grading for the remaining reclaimed area. In addition, a general inspection was
also made at the site.
Present at the bond release inspection and representing the operator of the Bear No. 3 Mine, the Bear Coal
Co I mpany, Inc. (BCC), was Jim Stover of Jim Stover & Associates. Representing one of the surface owners was
Jini Kiger of Oxbow Mining LLC. Representing a second surface owner was Kathy Welt and Ryan Sweetwood
of Bch Coal Company. Oxbow Mining LLC and Arch Coal Company own the land that had been disturbed and,
then, reclaimed for the Bear No. 3 Mine. Because the Bear No. 3 Mine is a federal mine, also present was
Howard Strand of the Office of Surface Mining. Representing the Colorado Division of Reclamation, Mining and
Safety were Sandy Brown and Joe Dudash. Other entities were notified of the bond release inspection but did not
attend. They are the USDA - Forest Service and the DLH 2001 Family Trust, surface owners of undisturbed areas
of the mine area, and the Bureau of Land Management, managers of the federal coal leases.
i
Suinmary of Remaining Issues for the Bond Release Inspection
Asa result of this inspection, several issues still need to be resolved. A second inspection will be performed for
thelfollow up field work.
1. There are scattered occurrences of mine- related debris at the site. The debris needs to be removed.
2. BCC needs to provide a letter to the Division from the Delta- Montrose Electric Association (DMEA),
stating that the DMEA wants to retain the two power poles on site. If the DMEA does not want the two
power poles to remain, then BCC needs to have the two poles removed.
3. At the Division's request, Arch Coal will provide a letter that states whether or not Arch Coal wants to
have the fence removed.
4. At the Division's request, Arch Coal will research the ownership issue of the bridge and, if applicable,
provide a letter that states whether or not Arch wants to retain the bridge, although the bridge will be
needed for access to the site for reclamation and inspection activities.
Sunimary of Maintenance Issues for the General Inspection
1. Tamarisk and White Top need to be dealt with appropriately.
Bond Release Process
The jprocess of releasing the reclamation liability bond for a mine site involves three phases. At Phase I, up to
sixty percent of the total reclamation bond can be released for successful completion of structural demolition,