2012-06-29_INSPECTION - C1980007 (2)

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June 19, 2012 C -1980- 007 /West Elk Mine Inspection Topic Summary NOTE: Y= Inspected N =Not Inspected R= Comments Noted V= Violation Issued NA =Not Applicable N - Air Resource Protection R - Roads N - Availability of Records R - Reclamation Success R - Backfill & Grading N - Revegetation N - Excess Spoil and Dev. Waste N - Subsidence N - Explosives N - Slides and Other Damage R - Fish & Wildlife N - Support Facilities On -site N - Hydrologic Balance N - Signs and Markers N - Gen. Compliance With Mine Plan N - Support Facilities Not On -site R - Other N - Special Categories Of Mining N - Processing Waste R - Topsoil COMMENTS JRS This was a bond release inspection for the partial Phase II Bond Release SL -04 at the West Elk Mine conducted by Jim Stark of the Colorado Division of Reclamation, Mining and Safety. Kathy Welt, Robin Schiro and Mike Ward of MCC, Dan Gray of USFS and Christy Hulsman of OSM accompanied me both days of the inspection and Anna Santo, Paula Harper and Sarah Sauter of NWCC accompanied me on the first day of the inspection. The weather was hot and sunny and the ground was dry. The partial Phase II Bond Release application is for 67.6 acres of lands reclaimed between 1996 and 2008. The areas included the Lone Pine Gulch facilities area, the 2000 thermal event area and methane drainage well pads and roads from nine different drilling areas. A total of 61 locations were included in the SL -04 application. A detailed list of the locations, acreages and years of reclamation can be found in the partial Phase II Bond Release SL -04 application package. The inspection started at the West Elk office, where we discussed the basic mine permitting process and bond release process. Weston Norris of MCC was present for the office discussion but did not join us for the field inspection. Pursuant to Rule 3.03.1(2)(b), "Up to eighty five percent of the applicable bond amount shall be released upon the establishment of vegetation which supports the approved post- mining land use and which meets the approved success standard for cover..." During the inspection the Division observed the reclamation with respect to cover and species present, weeds, topsoil replacement, erosion (contribution of suspended solids to stream flow exceeding premining levels) and progress towards a possible Phase III Bond Release. The Division did not inspect all 61 sites. Rather, a representative sample of sites was inspected. The Division inspected approximately 33 of the 61 sites included in the SL -04 application. The Division will also perform a detailed review of the vegetation monitoring data and soil loss calculations presented in the SL -04 application. Number of Partial Inspection this Fiscal Year: 12 Number of Complete Inspections this Fiscal Year: 4 Page 2 of 31