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BTU EMPIRE COMPANY, LLC - WILLIAMS FORK MINES <br />RESPONSES TO CDRMS COMMENTS ON <br />2009 ANNUAL RECLAMATION REPORT <br />1. Pursuant to Rule 2.04.13(e), please provide the Division with a table of the seed mix used on the <br />2009 reclamation, and please provide copies of the seed tags or seed invoice used for the 2009 <br />seeding. <br />Response: The seed mixture used for the 2009 reclamation was the Rangeland/Wildlife Seed Mixture <br />(Table 64 in the PAP), a copy of which is included with this response submittal for reference. A copy <br />of the seed invoice and a sample seed tag also accompany this submittal. <br />2. Although BTUEC regraded, topsoiled, and reseeded the disturbed areas associated with the No. 9 <br />Portal area and adjacent refuse pile, no backfilling or regarding acres or topsoil replacement acres <br />were included on the Division's Annual Reclamation Report for, which was attached to the 2009 <br />Annual Reclamation Report. BTUEC did include 17.1 acres of reseeding. Additionally, BTUEC lists <br />"0" acres for all cumulative backfilling and topsoil activities at the mine. Given that BTUEC reports <br />288.5 acres have been seeded, the backfilling and topsoil replacement numbers must be in error. <br />Please correct the Division's Annual Reclamation Report form as necessary, or explain why regraded <br />and topsoiled acres are not included on the form. <br />Response: The updated form, incorporating the requested information accompanies this response <br />submittal. <br />3. BTUEC did not provide a map showing the 2009 (and prior years) reclamation areas, as required <br />by Rules 2.04.13(1)(c), (d), (e), and (f). Please provide a map showing the reclamation that has been <br />completed at the Williams Fork Mines. <br />Response: An updated version of Map 29, Reclamation Map, accompanies this response submittal. <br />4. It has come to my attention that the temporary cessation status at the Williams Fork Mines no <br />longer applies. Based on the reclamation completed at the Williams Fork Mines during the 2008 and <br />2009 reporting years, the Division considers this an active operation and we will reinitiate monthly <br />inspections of the site beginning in August 2010. Monthly inspections are necessary to evaluate the <br />reclamation success and monitor the site for erosional problems and reclamation status. The monthly <br />inspections will include one complete inspection each quarter. The Division will continue to schedule <br />the complete inspections with BTUEC in order to perform a records check. The Division will notify <br />BTUEC when it arrives on site for a partial inspection. The Division will continue the monthly <br />inspections at the Williams Form Mines until the entire site has received a Phase II Bond Release. <br />Response: The regulations do not provide any indication that ongoing reclamation activities have any <br />impact on Temporary Cessation status, once Temporary Cessation is established in accordance with <br />Rules 4.30.1, and consistent with the inspection provisions of Rule 5.02.2(4)(a). <br />BTUEC questions the assumption that monthly inspections are necessary to evaluate reclamation <br />success, erosion, and reclamation status, as it would seem reasonable that these conditions can <br />adequately be addressed through the standard quarterly inspections required under the Temporary <br />Cessation provisions.