2013-04-10_INSPECTION - C1981018

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Fish and Wildlife (Rule 4.18): Mallards were observed on several ponds, a bald eagle flew near the raw water lagoon. All observed activities appeared to be conducted in a manner that minimizes disturbances and adverse impacts on fish and wildlife. Coal Mine Waste Piles (Rule 4.10 and 4.11): BME is primarily using Refuse Pile 5 -A at this time. When large amounts of waste material need to be dried prior to compaction, BME will spread the material on Refuse Piles 2/3 and 4 to increase surface area and facilitate evaporation. Diffuse rilling and gullying are occurring on the faces of all unreclaimed refuse piles. All drainage reports to sedimentation ponds and no off -site impacts or major erosive features were noted. Standard rill and gully maintenance should be conducted to ensure continued compliance with 4.10.3. General Compliance: Excessive garbage has accumulated in the facilities areas. Plastic water bottles and other garbage were observed elsewhere within the permit area. Although generally confined to areas approved for disturbance, garbage will easily migrate away from random discard locations. Recommend placing all garbage in approved disposal locations in accordance with Rule 4.11.4. The permitted non -coal waste dump remains open and active. Waste is placed in the designated trenches, and topsoil is stockpiled for eventual reclamation (vegetation on soil stockpiles is sparse, as discussed under Topsoil). Reclamation: Several nitrogen injection wells, de -gas boreholes, and exploration boreholes have been reclaimed within the permit area. Vegetation has not yet established on recent reclamation (1 — 2 years), but is well established on older reclamation. The majority of surface disturbances associated with this underground mine are long term facilities which will not be reclaimed until mining is complete. Records Check (Rule 5.02.4): All requested documents were available at the mine office. Reviewed documents include: • DMRS permit expires 7/27/2014 • Permit Application Package including recent revisions • Liability insurance certificate expires 12/30/2013 • Bond document increased to $5,711,474 (adequate due to cost estimate at $5,447,159) • Air emissions permit 12RB802 -1F • County special use permit Rio Blanco CO 00 -43 (for electrical generation, rail, mining) • Subsidence monitoring and subsidence report — 4 Quarter 2012 (undermining CR65 last quarter, superficial cracks noted with no detrimental effects) • 2012 Annual Reclamation Report (2/14/2013) • DRMS / OSM inspection reports dating back at least three years • Pond inspection and PE certs (quarterly inspections are certified) 4 Quarter 2012 • Refuse pile waste bank PE certs 4 Quarter 2012 • NPDES permit expired 9/30/2012; BME applied for renewal and permit is continued • NPDES records 4 Quarter 2012 • Discharge monitoring reports through 4 Quarter 2012