2009-09-21_PERMIT FILE - C1980007 (2)

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Mountain Coal Company, L.L.C. Exhibit 51 West Elk Mine Lower Refuse Pile 9.0 RECLAMATION Reclamation of the LRP will occur after the azea is no longer required for a storage area. As the area was completed, it was covered with 9-12 inches of subsoil and 9-12 inches of topsoil. A variance to cover the LRP with four feet ofnon-toxic, non-combustible material was requested and approved by CDMG. Another waiver from contemporaneous reclamation has been applied for. See Section 2.06.7 for the variance request. See Section 3.0 of this Exhibit for a discussion of the cover variance approval. The soil covered areas will then be seeded with MCC's permanent seed mix, included in Section 2.05.4. Noxious weeds will be controlled in accordance with the approved Noxious Weed Control Plan in MCC's MRP, By October 1998, MCC had completed refuse disposal in an area of the refuse pile, compacted, graded and completed temporary reclamation by covering the area with only subsoil (see Section 2.3.5). The subsoiled area was seeded with MCC's permanent seed mix. MCC will complete final reclamation of this area of the pile as described above. MCC will determine revegetation success as described in the MRP. Vegetation monitoring for the LRP will encompass both interim and final revegetation monitoring. Interim revegetation monitoring will be conducted on the Lower Refuse Pile for the purposes of evaluating revegetation plan elements, including but not limited to, seed mix components, application rates and methods, and mulching. Generally, newly revegetated areas exhibit annual "weed" dominance for the first one to three years after seeding. Since this occurrence is widely acknowledged as normal in revegetation scenarios, information obtained from sampling during this period is not particularly useful. MCC does not plan to undertake any interim monitoring while annual "weedy" species are dominant. For this reason, MCC proposes interim revegetation monitoring after the perennial revegetation species have become well established. Final reclamation monitoring of the revegetated mine site will commence in the second year following seeding, in accordance with the definition of the extended liability period. Monitoring will take place during years 2, 4, 6, 9, and 10 of the liability period. Sampling methods and statistical analysis will be consistent with those described in Section 2.05.4 of the MRP. The drainage control features (sediment ditches and sedimentation pond) will remain in place or be modified as necessary following reclamation of all five phases of pile construction until the reclaimed refuse area is in compliance with the regulations set forth in Rule 4.05.2(2) of the Colorado Mined Land Reclamation Board for Coal Mining. At such time, the ditches will be backfilled and reclaimed in accordance with Section 2.05.4 of the MRP. The clean water ditch (DCW-2) will remain in order to direct upland run-off away from the pile for discharge into Sylvester Gulch. Details of the reclamation of MB-2R is described in Section 2.05.4 of the MRP, but will consist of backfilling the pond with material from the pond embankments and removing/burying the discharge structures. MCC will utilize the best technology currently available to reduce erosion on the reclaimed slopes of the refuse pile to reduce rilling and loss of topsoil. As the surface owner, MCC intends to keep the haul access road up Sylvester Gulch open following reclamation of the pile to allow access to the Sylvester Gulch Facilities Areaand areas to the south of the mine facilities. The reclamation of this road is described in more detail in Exhibit 69, but will consist of reducing the size of the road to be consistent with a typical light-use road A berm or rock barrier will be placed at final reclamation across access points to the top of the pile to block normal vehicular access. 37 .t~v:::ed f-'::ar~ 2G'03 t~t~?-?_94