2013-07-24_REVISION - C1980007 (8)

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Table of Contents I.Introduction II.Procedures and Summary of Bond Release Process III.Criteria and Schedule for Bond Release IV.Observations and Findings V.Proposed Decision I. INTRODUCTION This document is the proposed decision of the Colorado Division of Reclamation, Mining, and Safety (Division) in response to a request for Phase II Bond Release at the West Elk Mine, Permit Number C-1980-007, bond release application number SL-04. The package contains five parts. These include: 1) Introduction; 2) Procedures and Summary of the Bond Release Process; 3) Criteria and Schedule for Bond Release; 4) Observations and Findings of the Division regarding compliance with the bond release requirements of the Colorado Surface Coal Mining and Reclamation Act and regulations promulgated there under; and 5) the Division’s Proposed Decision on the request for bond release. Detailed information about the review process can be found in the Act and the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining. All Rules referenced within this document are contained within the Regulations. Detailed information about the mining and reclamation operations can be found in the permit application on file at the Division offices, located at 1313 Sherman Street, Room 215, in Denver, Colorado. The West Elk Mine is an underground coal mine, which is permitted and operated by the Mountain Coal Company, LLC (MCC). Land for which bond release has been requested is both federally owned and privately owned, and the coal mined was federally owned and privately owned. The partial Phase II Bond Release application is for the successful replacement of topsoil and the reseeding of these areas to control erosion 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 . More details regarding the criteria for a Phase II Bond Release and observations at the West Elk Mine can be found below in sections III and IV, respectively. II.PROCEDURES AND SUMMARY OF THE REVIEW PROCESS The Mountain Coal Company, LLC (MCC) applied for Partial Phase II Bond Release under the Colorado Surface Coal Mining Reclamation Act following reclamation of a portion of the West Elk Mine. The mine is located in Gunnison and Delta Counties, approximately 10 miles east of Paonia, Proposed Decision and Findings of Compliance 7 July 2013 Partial Phase II Bond Release SL-04 Page 1