2010-10-25_INSPECTION - C1981041

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September 23, 2010 C- 1981 -041 /Roadside Portals MPB was redistributed at reclaimed UTL Ponds 1 and 2. Coal fines were scraped up and removed from the small area outside the rail loop and from all areas inside the UTL rail loop where they had accumulated. Topsoil Stockpile Number 4 has been fully utilized and the area was regraded. At the former topsoil stockpile location and small area outside of the rail loop the regraded surface was scarified to relieve compaction and provide for root penetration. Both of these locations are flat with very little potential for erosion. All of these disturbed non - active use locations were vegetated utilizing the approved seed mixture by hydro seeding or broadcast seeding and certified weed free mulch was then applied. Although Halliburton had requested that the vegetation requirements of Rule 4.15.10(2) be waived due to ongoing construction projects, these isolated areas described above were all successfully reseeded and mulched to further stabilize the areas and protect against future erosion. See previous Photographs 9 and 10 for UTL Ponds 1 and 2, respectively. The location of reclaimed Topsoil Stockpile Number 4 is shown in Photograph No. 15 and the small non - active use area outside the rail loop is shown in Photograph No. 16. These photographs illustrate that the areas have been adequately reclaimed and ground conditions remain stable. No evidence of rills, gullies, or sheet wash erosion was observed at any of the non - active use areas and there were no noxious plants observed on the reclaimed areas. RECLAMATION SUCCESS - Rule 4.15, Rule 3: Nothing was identified during this inspection that would preclude full bond release for the approximate 75.2 reclaimed acres located between the U.S. Government Highline Canal and the Colorado River and lying north of I- 9/10 Road, which was formerly used by the Roadside Portals Mine for a Unit Train Loadout Facility, Permanent Flood Control Dike, Railroad Spur and Overland Conveyor. All reclamation obligations have been completed within the bond release request areas. The industrial /commercial post- mining land use is fully functioning and the reclaimed land serves this purpose well. A summary of the reclamation success criteria used to evaluate the site is given below. Because of this site's industrial /commercial postmining land use, the requirements of Rule 4.15. 10 apply. Rule 4.15.10(2) requires the ground cover of living plants to be sufficient to control erosion for areas to be developed for industrial use less than 2 years after regrading has been completed prior to releasing final bond. However, Rule 4.15.10(3) allows the vegetation requirement to be waived for mine support facilities located within areas where the pre- mining and approved post- mining land use is industrial if requested in writing by the landowner, and if the Division determines that revegetation is not necessary to control erosion. By letter dated June 22, 2010, Halliburton Energy Services, Inc., which holds the surface rights to the UTL and Conveyor corridor areas, requested that the vegetation requirements of Rule 4.15.10(2) be waived due to ongoing construction projects. Halliburton also noted that future vegetation and weed management will be regulated by Mesa County under a current Conditional Use Permit. The revegetation success criteria of 4.15.10 would only apply to non - active use areas where it would be appropriate to reestablish vegetation if necessary to control erosion. Because of the small size, flat topography, and no signs of erosion or instability at the non - active use areas, DRMS determined that revegetation was not necessary to control erosion in accordance with the standard set forth in Rule 4.15.10(3) in these few isolated areas. However, prior to the bond release inspection, SCC, DRMS and Halliburton all agreed Number of Partial Inspection this Fiscal Year: 2 Number of Complete Inspections this Fiscal Year: 1 Page 6 of 15