2012-10-04_REVISION - C1981022 (5)

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C- 1981 -022 PR -7 Findings October 4, 2012 Sanborn Creek Mine facilities, along the west side of Elk Creek. TR -32 was approved in July 2000. In TR -32, Oxbow Mining proposed to construct two temporary fills over Elk Creek. Fill material was placed within the channel of Elk Creek and the creek flow was diverted through two nine -foot diameter culverts buried by the two fills. Oxbow Mining submitted a geotechnical stability analysis demonstrating that the two fills in Elk Creek will be stable. For final reclamation of the Elk Creek Mine facilities, the two nine -foot culverts will be removed and the Elk Creek channel will be reconstructed in compliance with Rule 4.05.4. These activities proposed in TR -32 required specific authorization by the Division in accordance with Rule 4.05.4(4), Stream Channel Diversions (Relocation of Streams) and Stream Channel Reconstruction, and Rule 4.05.18, Stream Buffer Zones. Therefore, the Division made the findings that the original stream channel will be reconstructed at the completion of mining, that the water quantity and quality from the stream section within 100 feet of the surface coal mining operations will not be adversely affected during and after mining, and that appropriate riparian vegetation will be reestablished. Permit Revision 5 required a mine plan approval from the US Office of Surface Mining and Reclamation, to cover activities in the Elk Creek tract which was received on May 13, 2003. This Elk Creek operation ramps down from the floor of the Elk Creek Canyon into the D -seam. Development mining had already been approved at the time of the permit revision; longwall mining into the Elk Creek tract was approved by the revision and by the federal mine plan approval. Mining ceased on the Sanborn Creek Mine in the spring of 2003. Oxbow Mining LLC began immediately to reclaim the Sanborn Creek facilities. The conveyer was dismantled and removed in the summer of 2003, the portals were sealed and regraded, and the Sanborn Creek fan shaft was backfilled. Since the most recent Renewal Findings Document was published (RN -05 on February 9, 2009), twenty four revisions have been approved, itemized as follows: Eleven Technical Revisions (TRs) • TR -63, approved June 15, 2009 added gob vent boreholes, drill pads and associated light use roads. • TR -64, approved March 19, 2010, added 3 gob vent boreholes, drill pads and associated light use roads. • TR -65, approved June 17, 2010, added 33 gob vent boreholes, drill pads and associated light use roads. • TR -66, approved March 12, 2010, modified the procedures for sealing gob vent boreholes. • TR -67, approved April 28, 2010, allowed for 9 exploration boreholes for Federal Coal Lease 13