2013-02-06_GENERAL DOCUMENTS - C1991078

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PHASE II As indicated above, the applicant requested Phase I, II and III bond release for the Pond A area. Also, it was found that 3.4 acres of disturbance associated with the Topsoil Stockpile No. 1 area was never granted Phase II bond release, based on the Division's review of the application. The Division evaluated these two areas to determine if they qualified for Phase II bond release. Jim Stover the Operator's consultant submitted a letter to the Division dated November 15, 2012 addressing the Division's second adequacy review. The letter indicated the 3.4 acres was reclaimed in the same manner as Mine Area No. 1 and that the topsoil depths of this area were evaluated along with Mine Area No. 1 during the SL2 bond release process even though this area was not included in the bond release request. In accordance with Rule 3.03.1(5), release of bond coverage for sediment control facilities including impoundments shall be granted based on determination by the Division that backfilling and grading, topsoiling and reseeding of such facilities has been completed in compliance with the approved reclamation plan. In addition to this, vegetation cover must be adequate to control erosion and similar to the reclaimed area or surrounding undisturbed area. Also, reclaimed temporary drainage control facilities shall not be subject to extended liability period or bond release criteria. As indicated above, the embankment for Pond A was backfilled and graded into the pond. Topsoil was reapplied to the area and the area was seeded. The seed tag for the seed used for revegetation of the pond area was included in the 2010 annual reclamation report. The reclamation work for Pond A was conducted in December of 2010. The Division verified the reclamation activities of the Pond A area during the December 13, 2010 and February 24, 2011 inspection reports. The Operator demonstrated the revegetated /disturbed area that had drained to Pond A discharges less total suspended solids than the adjacent undisturbed lands and thus was eligible for removal. Also, on August 9th, 2012 the Division received documentation from the Operator that the Colorado Water Quality Control Division approved the termination of the Colorado Discharge Permit (COG850024) for the site. Given these findings, Pond A was reclaimed and removed in accordance with the permit and Rule 4.05.2(2). The untreated drainage from the disturbed area now discharges into an ephemeral steam which discharges into Naturita Creek. The Division observed the Pond A reclaimed area during the May 30, 2012 bond release inspection. The graded and topsoiled area was dominated with annual weeds, however perennial vegetation has begun to establish throughout the area and the site was stable. The Division required to operator to reseed the Pond A area to facilitate future germination. On December 31, 2012, the Division received documentation that reseeding of the affected area associated with Pond A took place. The Division proposes to approve Phase II bond release for the Pond A area. In regards to the 3.4 acres of disturbance associated with the Topsoil Stockpile 1 area, this acreage was included in the vegetation monitoring for final Phase III bond release. The required success standards and the results submitted by the Operator are discussed in detail in the Phase III observations section. Given the Division's findings, the entire revegetated area, including the 3.4 acres has met the revegetation success standards outlined in the permit and is eligible for Phase II and III bond release. As indicated in Section II of this document, the Operator has demonstrated the revegetated area will contribute less suspended solids to the receiving streams than the adjacent undisturbed area. During the November 14, 2012 inspection, the topsoil depths were randomly sampled within the Pond A area and the 3.4 acre Topsoil Stockpile 1 area. This would fall under the Mine Area No. 1 disturbance Page 8 of 16