2013-01-29_PERMIT FILE - C1981022A (3)

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Section - 2.05.4 • The Sanborn Creek road and a section of the Elk Creek culvert will be retained to provide continued access to the azea east of Elk Creek and old State Highway 133 • The Hubbard Creek Fansite culvert and creek crossing will remain in place to provide landowner and public access. OMI will work with the responsible land management agencies to develop and execute any necessary easement agreements required for long-term access and maintenance. The utility, capacity, and potential for reclaimed lands to support alternative uses is limited by distance from established population centers, the rugged terrain of the area, and asemi-arid climate that limits potential agricultural utility. The only potential alternative uses that would be compatible with these limitations and existing site reclamation plans would be dispersed rural, vacation, or retirement home development. Given prevailing land development patterns in the azea, this alternative land use is a possibility but is not being proposed at this time. 2.05.6 -MITIGATION OF THE IMPACTS OF MINING OPERATIONS The following subsections describe specific mitigation plans designed to prevent, control, or minimize potential adverse mining-related impacts on air, fish and wildlife, water, specially designated public lands, and lands and surface resources. These plans have been developed with consideration of both preminng environmental conditions and constraints and practical operating conditions and plans. The detailed mitigation plans reflect application of the best technology and methods currehdy available and are designed to effect full compliance with all applicable regulatory requirements. OMI has specifically designed and conducts all mining, redatr activities to minimize or effectively mitigate potential adverse impacts. As discussed in Section 2.05.4, Reclamation Plan, and With Clean Air Act, Clean Water Act, and Other Applicable f Standards and Regulations, OMI maintains full compliance with and standards. The following sections summazize and reitera[e measures for each of the major potential impact areas of concern. Air Pollution Control anon, and related operations and environmental, health, and safety er the sub-heading of Compliance ~r, Water, and Health and Safety all applicable permit requirements applicable control and tnitigatjon The only air emissions generated by OMI's ongoing and proposed operations are fugitive dust from coal handling, storage, and loadout operations and from ancillary surface operations and areas including construction activities, coal mine waste placement activities, loads and surface disnubahre areas, and reclamation activities. OMI does not operate any point-source emission sources and does not generate any Hazardous Air Pollutants. All existing fugitive dust emission sources aze coveted under OMI's approved Fugitive Emissions Control Plan and incorporate Best Available Control Technology (BACT) controls to minimize dust emissions and are permitted and operate under current Colorado Depanment of Public Health and Environment -Air Pollution Control Division permit approvals. Generally, for surface areas and operations, BACT dust control involves periodic watering during dry periods to minimize dust generation and dispersion. For coal handling, storage, and loadout operations, BACT control focuses on partial or full enclosure of conveyors, crushers, screens, and other coal handling equipment to prevent dispersion of any dust generated by coal handling activities. Current permits aze listed in Section 2.03.10, Identification of Other Licenses and Permits, and copies of these permits are included in Exhibit 2.03-E4, Other Permits. A Fugitive Particulate Emissions Contol F_1an was prepared and implemented in 1991 for the Elk L eek L'aaJ 7landlin~ Support, and Ancillary Facilities. This plan, dated March 27, 1991, and subsequently approved and amended the Colorado Depaztment of Public Health and Environment is included with copies of the current air emissions permits in Exhibit 2.03-E4. The mine is currendy permitted at a maximum annual coal production rate of 4.8 million tons relative to applicable air quality permit restrictions, TR-49 2.05-71 Revised February 2005