2011-10-03_REVISION - C1980007 (2)

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Legal Description of the Area Requested for Bond Release: The Phase II bond release application requests release of bond and liability for successfully establishing vegetation and demonstrating that suspended solids contributions to runoff or streamflow outside the permit area do not exceed pre- mining levels at reclaimed areas within the mine site, located in portions of Sections 14, 15, 22, 23, 26, 27, 34, 35, and 36, T13S, R9OW, and Sections 1 and 2, T14S, R9OW, in Gunnison County, Colorado. The reclaimed areas comprise approximately + 67.6 acres. Map: The map, MCC Reclamation Photograph Project 2010 (appended with the 2011 Vegetation Report) identifies the areas requested for Phase II bond and liability release. Dates of Reclamation Work: Reclamation work was completed in the areas requested for release between 1996 and 2007 by MCC. Description of Bond Release Amount Request: This Phase II bond release application requests release of bond and liability for successfully establishing vegetation and demonstrating that suspended solids contributions to runoff or streamflow outside the permit area do not exceed pre- mining levels at the reclaimed areas identified below. The sedimentology demonstration in this application shows the areas reclaimed meet the requirements for erosion control, and meet the final bond release vegetation standard for cover and species composition (enclosed 2011 vegetation study). The areas requested for release are in conformance with the approved post- mining land use which has been implemented. Remaining reclamation obligations at the mine site include the final reclamation of the portals, the main and Sylvester Gulch facilities areas, the refuse disposal areas, remaining drill holes and roads, and additional miscellaneous ancillary areas. Protection of the Hydrologic Balance: Annual Hydrology Reports have been submitted annually for the mine and the information within the AHR's has demonstrated the continued protection of the hydrologic balance at the mine site and off -site. Self - monitoring of the sediment control system has been continual, and where regular inspections have revealed concerns with protection of the hydrologic balance, protection measures have been implemented and maintained. Notice to Parties Identified in Rule 3.03.2(1): Potentially affected parties, Gunnison County, and governmental agencies as specified in CDRMS Rule 3.03.2(1) were previously submitted with the Mountain Coal Company, LLC, West Elk Mine; Permit No. CO -80 -007; Request for Phase I Bond Release (dated May 21, 2011). A copy of the letter to the Gunnison County Clerk and Recorder, requesting retention of the public copy of the bond release application, is enclosed in this section. Newspaper Advertisement: A copy of the newspaper advertisement to be published in the Delta County Independent is attached. A copy of the proof of publication will be forwarded for inclusion when received. Mountain Coal Company, LLC West Elk Mine 2011 Phase II Bond Release Page 2