2011-03-31_GENERAL DOCUMENTS - C1981033

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Third, on the hillside just down gradient of this unstable reclaimed portal area, a spring developed in the area of the old Edwards/Clark B Seam Mine portal just after the adjacent landslide had started. The spring water is flowing at about 10 to 15 gallons per minute and is about 100 °F as it comes out of the ground. In June of 1999, the mine operator constructed the hillside spring water treatment pond and channeled the spring water into the pond. It now discharges into the North Fork of the Gunnison River at an NPDES discharge point. Even though the spring water is dark orange in color, testing has shown that the water is in compliance with water quality standards. Because the source of the hillside spring and its relationship to the landslide and reclamation stability are not known, this hillside spring issue was excluded from SL-4 consideration. The sediment pond and the hillside spring water treatment pond were also excluded from SL-4 since they are part of the sediment control system and the hillside spring water treatment system. Bear No. 3 Mine Partial Phase I Bond Release Field Inspections Present at the November 3, 2009 initial bond release inspection and representing the Bear Coal Company was Jim Stover of J. E. Stover & Associates. Oxbow Mining LLC and Arch Coal Company own the land that had been disturbed and, then, reclaimed for the Bear No. 3 Mine. Representing Oxbow Mining LLC was Jim Kiger and representing Arch Coal Company was Kathy Welt and Ryan Sweetwood. 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 parties were notified of the bond release inspection but did not attend. They are the USDA-Forest Service, the DLH 2001 Family Trust, who are surface owners of undisturbed portions of the mine area, and the Bureau of Land Management, who are managers of the federal coal leases. The initial bond release field inspection began with a review of the SL-4 submittal and other pertinent information. Aerial photographs of the mine site, taken from 1995 and 1996 when the mine was still operating, were shown. The map, "Bond Release Map" that had been supplied with the SL-4 submittal was also reviewed. This map showed the aerial extent of the reclaimed land on the flat facilities area and on the hillside that was requested for phase I release. The entire flat facilities area, except for the sediment pond and the hillside spring water treatment pond, are to be considered for Phase I release. On the hillside, the reclaimed fan entry area and those sections of the reclaimed portal access road and the two reclaimed conveyor access roads that are to the east of the central rip-rapped ditch, are also part of this bond release. Map 1, "Surface Ownership Map" from the permit application package, delineated the surface land owned by the Bear Coal Company, Arch Coal Company and Oxbow Mining, LLC. Map 12, "Existing and Final Contours and Sections", and Drawing 17, "Disturbed Area", were compared to verify that the backfilling and grading conformed to the approved reclamation plan and to approximate original contour. Additional verification of approximate original contour was made by examining Map 12A, "Sections", supplied in the SL-4 submittal. These cross sections would later be added to Map 12 in Minor Revision No. 33 so that Map 12 A never became part of the permit application package. The initial bond release field inspection provided confirmation that the mine facilities and structures had been dismantled and removed off site. However, the paved entrance road, bridge, two power poles and river side fence remained on site. As stated in the permit application, the paved entrance road will be retained. The Division requested that Arch Coal Company provide a letter that states whether they would like the bridge, if they are the owners of the bridge, power poles and fence to be retained or reclaimed. The Division also requested Bear Coal Company to provide documentation as to whether the Delta- Montrose Electric Association wanted the power poles to be retained or removed. Also, there still