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HomeMy WebLinkAbout1.21 Phase III Bond Release and Terminaiton of JurisdictionPhase III Bond Release and Termination of Jurisdiction Proposed Decision and Findings of Compliance for the Coal Ridge No. 1 Mine PERMIT NUMBER C-1984-065 SL-03 Virginia Brannon, Director Prepared by Zach T. Trujillo Environmental Protection Specialist 7/29/20 Proposed Decision and Findings of Compliance July 2020 Phase III Bond Release SL-03 Page 1 Table of Contents I. Introduction II. Procedures and Summary of Bond Release Process III. Criteria for Bond Release IV. Observations and Findings V. Proposed Decision Attachments: Table 1. Summary of All Bond Release Amounts Figure 1. SL-03 Map 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 III Bond Release and Termination of Jurisdiction at the Coal Ridge No. 1 Mine (Coal Ridge), Permit Number C-1984-065, bond release application number SL-03. 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 thereunder; 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 package (PAP) on file at the Division offices, located at 1313 Sherman Street, Room 215, in Denver, Colorado. Coal Ridge is an underground mine which is permitted and operated by C.B. Minerals Company, LLC. The total permit area encompasses 272.00 acres. The Coal Ridge Mine is located in Garfield County, Colorado approximately 7 miles west of the town of Glenwood Springs, CO. The land for which bond release has been requested is owned by APB Holdings, LLC as shown on Figure 2.1-1 of the Coal Ridge PAP. The coal within the Coal Ridge permit boundary is privately owned. A list of mineral ownership within the area of the SL-03 application can be found on Figure 2.4-1 of the Coal Ridge PAP. Reclamation work for which bond release has been requested was conducted during 1994 with the remaining sediment pond on site reclaimed in 2015. II. PROCEDURES AND SUMMARY OF THE REVIEW PROCESS Coal Ridge applied for a Phase III Bond Release for a total of 45.5 affected acres as shown on Figure 1 of the SL-03 application, as well as Figure 1 of this document. This area is located in Proposed Decision and Findings of Compliance July 2020 Phase III Bond Release SL-03 Page 2 Garfield County, Colorado in portions of Township 6 South, Range 90 West (6th Principal Meridian), Sections 6. The permit area can be found on the USGS Quadrangle 7.5 Minute Series Maps of New Castle and Storm King Mountain. The permit area and surface ownership can be found on Map 1, and the coal ownership can be found on Map 2 of the Permit Application Package (PAP). Background Coal Ridge was developed as a room and pillar operation utilizing hydraulic mining techniques which use high pressured jets of water for cutting and breaking coal for extraction. Entries within the coal seam were designed to move upslope so that gravity would have caused the slurry of coal and water to flow from the mining section to the portal. Coal was to be transported by a water flume to a preparation facility where it would be dewatered and stored for shipment. Development operations commenced in October 1986. Two portals were driven by a roadheader approximately 500 feet into the hillside. Coal Seams were not reached, hydraulic mining never began, and coal was not produced. Development operations discontinued in March 1987. The decision was made in 1993 to reclaim the site, and reclamation operations were initiated in 1994. Reclamation fo r Coal Ridge involved sealing, backfilling, and regrading the portal areas to blend in with the pre-existing topography. A concrete wall section was built across the portals which were covered by 25 feet of backfill. Facilities were demolished and backfill and grading activities were accomplished. Disturbed areas were topsoiled and seeded in compliance wit h final reclamation specifications. The sediment control structures were the last features to be reclaimed at Coal Ridge during the fall of 2015. The features reclaimed were Sediment Pond A, the concrete splitter box and Culvert 5 at the inlet to the pond, and the Small Area Exemption ditches, berms and sump. Permit, Performance Bond, and Bond Release History The Coal Ridge No. 1 Mine was issued on October 9, 1985 and renewed on December 10, 1989, January 30, 1993, February 28, 1997, September 21, 2001, October 16, 2006, December 20, 2011, and January 10, 2017. The Division currently holds a reclamation bond in the amount of $43,200.00. Coal Ridge has applied for two previous bond releases. In October 19, 1995, a partial Phase I Bond Release (SL-01) recognized accomplished reclamation work. A partial Phase I and II Bond Release (SL-02) for the remaining areas of the site was approved on August 17, 2001. SL-03 Phase III Bond Release and Termination of Jurisdiction Application The Coal Ridge SL-03 application was received by the Division on March 23, 2020 and originally deemed incomplete for the purpose of filing on May 7, 2020 for not including the vegetation reports for the Division’s review to ensure all applicable Rules and site standards have been satisfied. The Proposed Decision and Findings of Compliance July 2020 Phase III Bond Release SL-03 Page 3 vegetation reports were then received by the Division and the SL-03 application was deemed Complete on May 21, 2020. Coal Ridge published notice of the bond release application in the Glenwood Springs Post Independent once weekly for four consecutive weeks, beginning January 9, 2020 and ending on January 30, 2020. Coal Ridge notified land owners within and adjacent to the mine permit area, the Bureau of Land Management (BLM), Colorado Parks and Wildlife (CPW) and other interested parties of the application for bond release, as required by Rule 3.03.2(1). No comments, written objections or requests for an informal conference regarding the bond release application were received by the Division. A bond release inspection was scheduled and conducted on June 3, 2020. The site inspection was conducted in accordance with Rule 3.03.2(2). Inspection attendees included: Zach Trujillo and Elliott Russell of the Division and Mr. Andy Bruno of APB Holdings, LLC, representing the landowner. No representatives from the BLM, CPW, local agencies, or adjacent land owners attended the inspection. A summary of the bond release inspection are presented in Section IV, below. Detailed observations of the inspection are documented in the inspection report that was conducted on June 3, 2020. See Figure 1 of this document for the location of the SL-03 Phase III Bond Release area. III. CRITERIA FOR BOND RELEASE Phase III Bond Release The Division evaluated Co al Ridges’ request for Phase III Bond Release on 45.5 acres in the SL-03 application, as shown on Figure 1 of this document. The process of releasing the reclamation bond for a coal mine site in Colorado is explained in Rule 3.03 and further described in the Division’s 1995 Guideline Regarding Selected Coal Mining Bond Release Issues. The bond release process involves three phases. At Phase III, Rule 3.03.1(2) (c) states, "The remaining portion of the bond amount shall be released when the permittee has successfully completed all surface coal mining reclamation operations in accordance with the approved reclamation plan, and the final inspection and procedures of 3.03.2 have been satisfied. This shall not be before the expiration of the period specified for revegetation responsibility in 3.02.3." Evaluation and inspection of the recla imed areas was based on the specific requirements of the reclamation plan and the functional requirements of the post-mining land use. Criteria for bond release included the following: 1. The reclaimed logical management unit (LMU) must me et the vegetative cover standard for two out of the four years of sample data (Rule 4.15.8(3)(a)); 2. The reclaimed LMU must meet the herbaceous productivity standard for two out of the four years of sample data. (Rule 4.15.8(4)); 3. The reclaimed LMU must meet the approved species diversity standard for two out of the four years of sample data. (Rule 4.15.8(5)); 4. On areas reclaimed prior to 2008, woody stem density shall be 150 stems per acre on 3% of the reclaimed area (Permit section 4.15.8 and Rule 4.15.8(7)); Proposed Decision and Findings of Compliance July 2020 Phase III Bond Release SL-03 Page 4 5. The reclamation supports the approved post-mining land use (Rule 4.16.1); 6. Sample adequacy and revegetation success for cover and productivity shall be made with one of the following statistically valid approaches in Rule 4.15.11(2)(a), (b), or (c). Demonstrations of sample adequacy and revegetation success for woody plant density shall be made with one of the following statistically valid approaches in (a), (b), or (c), or with one of the alternative approaches specified in 4.15.11(3); and 7. All areas requested for Phase III bond release meet the requirements for Phase I and Phase II bond release or have previously received Phase I and Phase II bond release approval. Co al Ridge provided vegetation monitoring reports for the Phase III Bond Release area in the SL-03 application. IV. OBSERVATIONS AND FINDINGS The following discussion of observations and findings focuses on the results of vegetation re- establishment and compliance with the reclamation plan for the Coal Ridge No 1. Mine for Phase III Bond Release. Reclamation was initiated in 1994 for the majority of the site with the sediment control structures reclaimed during the fall of 2015. Vegetation sampling was conducted in 2018 and 2019. The area requested under the Coal Ridge SL-03 application have met or surpassed the minimum lability time frame of ten years in accordance with Rule 3.02.3(2)(b). The evaluation of the bond release application included a review of past inspection reports, annual reclamatio n reports, and annual hydrology reports, as well as a pre-inspection meeting to discuss permit requirements and regulatory criteria and the bond release inspection. The bond release inspection was conducted on Ju ne 3, 2020. Revegetation success data that was included in the bond release application was reviewed by the Division in the office during the technical evaluation of the bond release application before, during and after the inspection. During the Phase III Bond Release inspection, participants walked through each of the bond release request parcels to allow for visual assessment of compliance with pertinent requirements as described above in Section III of this document . A summary of the observations are discussed below and the details are further discussed in the associated inspection report. Phase III Coal Ridge is approved for Dry Land Pasture and Wildlife Habitat (Sagebrush Revegetation) post- mining land use as shown on Figure 1 of this document. Based on the 2018 and 2019 vegetation sampling results for Phase III Bond Release, the Division finds that Coal Ridge has achieved adequate cover, productivity and diversity in the SL-03 application area in conjunction with the approved post-mining land use. These results are summarized below. Phase III Bond Release Vegetation Results – Dry Land Pasture 2018 Cover: Herbaceous cover: 51.5% Proposed Decision and Findings of Compliance July 2020 Phase III Bond Release SL-03 Page 5 Herbaceous cover standard (90%): 24.3% The 2018 sample data successfully exceeds 90% of the herbaceous cover standard. 2019 Cover: Herbaceous cover: 43.0% Herbaceous cover standard (90%): 25.0% The 2019 sample data successfully exceeds 90% of the herbaceous cover standard. 2018 Productivity: Herbaceous production: 702 lbs/acre Herbaceous production standard (90%): 287 lbs/acre The 2018 sample data successfully exceeds 90% of the herbaceous productivity standard. 2019 Productivity: Herbaceous production: 656 lbs/acre Herbaceous production standard (90%): 283 lbs/acre The 2019 sample data successfully exceeds 90% of the herbaceous productivity standard. Diversity: Dry Land Pasture is not subject to the diversity standards per Rule 4.15.9. Woody Plant Density: Dry Land Pasture is not subject to woody plant density standards per Rule 4.15.9. Phase III Bond Release Vegetation Results – Wildlife Habitat (Sagebrush Revegetation) 2018 Cover: Herbaceous cover: 50.1% Herbaceous cover standard (90%): 24.3% The 2018 sample data successfully exceeds 90% of the herbaceous cover standard. 2019 Cover: Herbaceous cover: 49.2% Herbaceous cover standard (90%): 25.0% The 2019 sample data successfully exceeds 90% of the herbaceous cover standard. 2018 Productivity: Herbaceous production: 737 lbs/acre Herbaceous production standard (90%): 287 lbs/acre The 2018 sample data successfully exceeds 90% of the herbaceous productivity standard. 2019 Productivity: Herbaceous production: 655 lbs/acre Herbaceous production standard (90%): 283 lbs/acre The 2019 sample data successfully exceeds 90% of the herbaceous Proposed Decision and Findings of Compliance July 2020 Phase III Bond Release SL-03 Page 6 productivity standard. 2018 Diversity: Five perennial species and three cool-season perennial grasses were sampled between 3% and 60% relative cover. This meets or exceeds the requirement for a minimum of at least four perennial species and three cool-season perennial grasses between 3% and 60% relative cover. The 2018 sample data successfully meets or exceeds reclamation success diversity standards. 2019 Diversity: Five perennial species and three cool-season perennial grasses were sampled between 3% and 60% relative cover. This meets or exceeds the requirement for a minimum of at least four perennial species and three cool-season perennial grasses between 3% and 60% relative cover. The 2019 sample data successfully meets or exceeds reclamation success diversity standards. Woody Plant Density: The Coal Ridge No. 1 Mine is not subject to woody plant density standards per Rule 4.15.8(7) and Section 4.4.2.10 of the Coal Ridge Permit Application Package. Post-mining Land Use The post-mining land use at Coal Ridge is dryland pasture and wildlife habitat. The Phase III Bond Release area requested with the SL-03 application was walked during the inspection and the Division observed Smooth Brome (Bromus inermis), Western Wheatgrass (Pascopyrum smithii), Great Basin Wildrye (Leymus cinereus), Bulbous Bluegrass (Poa bulbosa), Wyoming Big Sagebrush (Artemisia tridentata ssp. wyomingensis), Rubber Rabbitbrush (Ericameria nauseosa), Scarlet Globemallow (Sphaeralcea coccinea), Alfalfa (Medicago sativa), Cicer Milkvetch (Astragalus cicer), and minor amounts of Field Bindweed (Convolvulus arvensis) within the wildlife habitat area. Within the dryland pasture area, Smooth Brome (Bromus inermis), Western Wheatgrass (Pascopyrum smithii), Crested Wheatgrass (Agropyron cristatum), Bulbous Bluegrass (Poa bulbosa), and minor amounts of Downy Brome (Bromus tectorum) was observed. The vegetative ground cover and species diversity observed during the inspection in both the wildlife habitat and dryland pasture areas were consistent with the data presented in the SL- 03 application. The Division observed small amounts of Musk Thistle (Carduus nutans) and Scotch Thistle (Onopordum acanthium), both are List B noxious weeds. There was no evidence these few observed Musk Thistle and Scotch Thistle plants have been established within the permit area for more than a growing season which likely explains why they are not present in the 2018 or 2019 vegetation sampling data. Wildlife During the inspection at Coal Ridge, Bald Eagles were observed adjacent to the permit boundary Proposed Decision and Findings of Compliance July 2020 Phase III Bond Release SL-03 Page 7 along the Colorado River. Previous inspections have documented sage grouse, deer, and pronghorn in the area. Hydrologic Balance - Evaluation of Hydrologic Impacts Required by Section 3.03.2(2) Rule 3.03.2(2) requires the Division to evaluate hydrologic impacts prior to releasing reclamation lability. This evaluation must consider whether pollution or surface or subsurface water is occurring and the probability of future occurrence with such pollution. The Division’s evaluation is summarized below. Ground Water Impacts Coal Ridge had a total of eight ground water monitoring wells and were reclaimed in 1994 and 1995 and ground water monitoring is no longer required. Prior to the reclamation of the ground water monitoring wells, no exceedances were reported in the Annual Hydrology Reports or quarterly monitoring reports. Additionally, based on the limited extent of operations at Coal Ridge, ground water impacts were not expected. Surface Water Impacts There has been no record of any discharge or runoff from Coal Ridge as reported in the Division’s monthly inspection reports, discharge monitoring reports and Annual Hydrology Reports. As part of the Phase II bond release (SL-02) in 2001, Coal Ridge demonstrated that contributing suspended solids to streamflow or runoff was not in excess of levels determined on adjacent undisturbed areas. Additionally, Technical Revision No. 19 was submitted and approved in 2015 which provided a sediment control plan for reclaimed areas associated with the reclamation of Sediment Pond A. The Sediment Control Plan was designed to prevent an increase in the average annual sediment yield from pre-mine undisturbed conditions. Finally, as documented with the SL-03 inspection, vegetation has established itself and there were no signs of erosion or runoff throughout Coal Ridge. Findings on Protection of Hydrologic Balance Based on the foregoing observations, the Division finds that Coal Ridge has minimized disturbance of the hydrologic balance in the SL-03 bond release area and prevented material damage outside the permit area. The Division also finds that Coal Ridge has not caused hydrologic changes that adversely affect the approved post mining land use in the permit area. Summary and Conclusions The Division has completed its review and evaluation of the SL-03 Phase III Bond Release and Termination of Jurisdiction application submitted by C. B. Minerals Company, LLC for the Coal Ridge No. 1 Mine. The Division proposes a Bond Release on 45.5 acres of Phase III and termination of the Division’s jurisdiction at the Coal Ridge No. 1 Mine. Proposed Decision and Findings of Compliance July 2020 Phase III Bond Release SL-03 Page 8 Based upon a review of the mine permit, the applicant's bond release application, and site inspections, the Division finds that Coal Ridge has completed backfilling, grading, drainage reestablishment, topsoil replacement, revegetation, and all other reclamation requirements for which Phase III Bond Release was requested in accordance with the approved reclamation plan at the Coal Ridge No. 1 Mine. The reclaimed area included within the SL-03 Bond Release application have been restored to the approximate original contour of the pre-mining landscape. Slopes conform to post-mining contours as shown on the approved Post -mining Topography Map of the permit and remain stable to date. Proper blending of reclaimed areas with undisturbed slopes was achieved and reconstructed drainages are stabilized and in good condition. Topsoil has been replaced in accordance with the approved reclamation plan, the areas have been reseeded as required and the bond release areas have been reclaimed for a post -mining land use of dryland pasture and wildlife habitat. Coal Ridge has successfully demonstrated that the cover, production, and species diversity establishment on the Phase III bond release areas meets or exceeds the reclamation success standards on the reference areas. The Division finds that Coal Ridge has achieved the requirement s for Bond Release on 45.5 acres of Phase III and termination of the Division’s jurisdiction at the Coal Ridge No. 1 Mine. V. PROPOSED DECISION Based on the observations in Section IV above, the Colorado Division of Reclamation, Mining, and Safety proposes to approve the Coal Ridge No. 1 Mine SL-03 Phase III Bond Release application. This proposed decision will release the applicant from reclamation liability on 45.5 acres Phase III of the site and terminate the Division’s jurisdiction of the lands associated with the Coal Ridge No. 1 Mine, as shown on Figure 1 at the end of this document. The Division holds a performance bond in the amount of $43,200.00 for the Coal Ridge No. 1 Mine and proposes to release the entirety of that bond. Any person with a valid legal interest which might be adversely affected by this proposed decision may request a formal public hearing before the Mined Land Reclamation Board in accordance with Rule 3.03.2(6). Public notice of this proposed decision will be published twice in the Craig Daily Press as soon as possible. Requests for public hearing must be submitted to the Division in writing within thirty days of the first publication in the Glenwood Springs Post Independent. If no hearing is requested within those thirty days, the Division's decision will become final. Proposed Decision and Findings of Compliance July 2020 Phase III Bond Release SL-03 Page 9 TABLES AND FIGURES Table 1. Summary of All Bond Release Dollars Action Liability Released SL-01 $ 288,000.00 $ 161,994.00 SL-02 $ 126,006.00 $ 82,806.00 SL-03 $ 43,200.00 $ 43,200.00 Totals N/A $ 288,000.00 Proposed Decision and Findings of Compliance July 2020 Phase III Bond Release SL-03 Page 10 Figure 1 – SL-03 Map