Division of Mining & Reclamation 1101 George Kostas Drive Logan, WV 25601 Phone: (304) 792-7250 FAX: (304) 792-7258 Joe Manchin III, Governor Randy C. Huffman, Cabinet Secretary www.wvdep.org Logan Region #5 Pre-Inspection Report Company Name Consultant Name & Phone Number Facility Name Application Type Permit Number Date Time General Location Type of Operation Coal River Mining, LLC. Jim Smiley (P&S ENG) 606-673-4413 Mine No.7 SMA S-5016-09 02/4/10 0900 1.5 miles NW of Nellis. Boone County Surface Mine DEP Representatives Present: Dave Wagner- Engineer Tracie Kitchen- Geologist Tom Satterfield- Biologist Eric Gladwell- ERS I John Damron- Environmental Inspector Tim Justice – ERS III Company Representatives Present: David Bradford- VP of Technical Operations for Coal River Mining, LLC. Jim Smiley- P&A Engineering Co. George Grubbs- Coal River Mining, LLC. Others Present: 1 General Information (Location, Mining Methods, Coal Seams, etc.): Coal River Mining, LLC. is proposing a 666.71 acre surface mine (Mine No.7) located 1.5 northwest of Nellis in the Peytona District of Boone County. The method of mining will be steep slope area surface mining in the Lower Coalburg, Coalburg, Stockton, Clarion and 5-Block seams of coal and all associated splits and rider seams of coal. The proposed operation will discharge into unnamed tributaries of/and Jimmy Fork, unnamed tributaries of/and Opossum Gap Fork of Jimmy Fork, Dave Fork of Wilderness Fork, unnamed tributaries of/and River Fork, all of Fork Creek; and unnamed tributaries of/and Mick Fork of Stonecoal Branch, unnamed tributaries of/and Stonecoal Branch, all of Brush Creek; and unnamed tributaries of/and White Oak Branch; all of the Big Coal River of the Kanawha Site Conditions (i.e. slopes, wetlands, parks, historical lands, homes, structures, cemeteries, public roads, etc.): Site conditions indicate steep slope areas comprised of unmanaged forestland with no known public or private cemeteries, Indian burial grounds, or other known areas where human bodies have been interred located in or within 100 feet of the proposed mining area. Some of the areas such as the spoil disposal area will be located within pre- law mining areas. A pre-law impounding structure that appears to have been constructed from mine refuse/red dog materials exists in Mick Fork of Stonecoal Branch along with access roads and is to be reclaimed with spoil from the proposed Mine No.7 in conjunction with the Abandoned Mine Lands (AML). The existing impounding structure contains surface water from unnamed tributaries and old pre-law underground mine seeps/iron deposits believed to be from the Cedar Grove seam of coal. The applicant has indicated that there are no known or probable cultural, historic or archeological sites listed or eligible for National Register of Historic Places within the proposed permit area. No part of the proposed permit is adjacent to the boundaries of a National Park System, National Forest, National Wildlife Refuge System, National System of Trails, National Wilderness Preservation System, National Wild and Scenic River System, and/or National Recreation area. The applicant has also indicated that No Public Roads are to be affected. 2 Pre & Post Mining Land Uses: The proposed permitted area is comprised of unmanaged forestland and has been used for oil and gas exploration, wild life habitat with some areas showing evidence of historical mining. The applicant has indicated that due to the type of soils present, the steep slopes and the existing vegetation, that the highest and best utilization of the permitted area would be forestland or wildlife habitat. The proposed post mine land use will be forestland. See attachments F-2 and F-4 in the application. Excess Spoil Disposal Plans: The excess spoil for the proposed Mine No.7 is to be deposited into a pre-law mined area located in Mick Branch of Stonecoal Branch near Nellis. The applicant is proposing to reclaim an existing pre-law abandoned impounding structure as part of a West Virginia Abandoned Mine Lands (AML) project in which the existing prelaw impounding structure will be breached, and eliminated, thus eliminating any remaining hazardous conditions. The project will be controlled by a series of sediment ponds referred to as Pond Nos. 1, 1A and 1B. This phase of construction is to begin before the actual mining is to commence. A durable rock fill designed with a total fill volume of 42,734,179.44 cubic yards is to be constructed on the pre-law site for the proposed Surface Mine No.7. See attachments R-3 in the application for details Mitigation Plans: The applicant has advised that no mitigation is proposed due to a No Impact Determination, however, the applicant is currently working on a No Cost Reclamation Project with the Abandoned Mine Lands (AML) which is to be comprised of installing wet seals at pre-law mine openings in Mick Branch, reclaim the existing pre-law Mick Branch impounding structure, install a wooded wetland area, provide stream creation and properly design drainage structures ( pipes and collection boxes) in Stonecoal Branch Transportation Plans: This application is proposing five primary roads that will be constructed and maintained as part of the mining activity. The road construction is to be done in accordance with Section Q. See attachment Q-1 and Section Q of the permit application. Coal is to be transported from the facility to the Fork Creek Preparation Plant. 3 Geologic / Hydrologic information: Coal seams to be mined are the No.5 Block, Clarion, Stockton Rider, Stockton, Lower Stockton, Coalburg and Lower Coalburg seams of coal. As indicated in the application, the property to be mined has been explored by core drilling. Testing on core samples include ABA, Total Se, Total S and Sulfur fractionation. Total selenium results from test borings analyzed indicated a few concentrations exceeding 1 mg/Kg per foot of strata. Concentrations exceeding the MCL are presented in Attachment I-9D (2). These materials are to be handled in accordance with the toxic materials handling plan in Section O-8. See Attachments I-11 and O-8 in the application. According to the applicant, the proposed operation is not expected to diminish or interrupt the quantity of either surface or groundwater. No surface water is currently being utilized for domestic, agricultural or industrial purposes. There is also no groundwater users reported within the permitted area, however, the application does indicate groundwater users located within ½ mile blasting radius. See Section J-6 of the application. Drainage and Sediment Control Plans: Drainage control for the proposed operation is to consist of sediment ditches. On-bench sediment ditches will be used to control mine disturbances. In addition, Pond Nos. 1, 1A and 1B will be used to control disturbances at the Mick Fork (AML) pre-law impoundment reclamation project. See Section P of the application. NPDES Information: Discharges from the proposed Mine No.7 will be monitored via WVNPDES Permit WV109970 located in Section K of the application. The permit application has been submitted and has not been drafted at the present time. The permit writer was not present at the pre-inspection. Blasting Plans / OEB Issues: A blasting plan for the proposed Mine No.7 has been submitted in Section T of the application. 4 Subsidence Control Plan: N/A Waivers / Variances: The applicant is requesting a topsoil substitute, contemporaneous reclamation variance and a waiver to mine within 100 feet of a stream. See Section L attachment in the application. Fish & Wildlife Information: The application has provided general overview of the fish and wildlife resources associated with the proposed mining area and have stated that upon numerous reconnaissance surveys, no endangered or threatened species of plants, animals, or habitats of such species were found to exist within the proposed or adjacent permit areas. See Attachment H-1 of the application. I & E Concerns: Environmental Inspector John Damron has expressed concerns to the applicant regarding the providing of final re-graded sediment control within 1000 feet or less of the active mining pits and a concern of where suitable material will be extracted from for the lining and preparation of the three (3) stormwater ponds associated with the reclamation of the Mick Fork pre-law impoundment structure. The applicant has advised that this would be under the guidance and conditions of a stormwater permit. Special Conditions, Potential Adverse Environmental Impacts: The proposed permit application has the potential for environmental enhancement in the Mick Fork and Stonecoal Branch watersheds. As indicated in the above sections, the applicant is proposing to work with the Abandoned Mine Lands (AML) to reclaim the existing pre-law impounding refuse structure located in Mick Fork of Stonecoal Branch and is located upstream of a residential area. Other enhancements include but are not limited to 1750 feet of stream creation, a wooded wetland area and a designed collection system in Stonecoal Branch. Additional / Miscellaneous Information: N/A 5 Conclusion / Findings: In conclusion, the on-site pre-inspection of the proposed 666.71 acre Mine No.7 located 1.5 miles northwest of Nellis in the Peytona District of Boone County appears to be consistent with the mining application as proposed once all corrections and concerns have been addressed. The applicant is proposing to reclaim a pre-law mining area with existing hazardous conditions along with providing environmental stream enhancements to the Mick Fork and Stonecoal Branch watersheds in conjunction with working with the Abandoned Mine Lands (AML) program, thus utilizing a pre-disturbed, pre-law mined area for spoil placement. Attachments / Photographs: Photo No.1 Viewing south across CR-1 at mouth of Stonecoal Branch at Nellis. Site of proposed drainage crossing. 2/4/10 6 Photo No.2 – Mick Br. Site for proposed Pond Nos. 1, 1A and 1B. 2/4/10 Photo No.3 – Mick Br. Site for proposed pond areas. 2/4/10 Photo No.4- Mouth of Mick Fork of Stonecoal Br. 2/4/10. 7 Photo No.5-Pool area of abandoned Mick Br Impoundment. 2/4/2010. Photo No.6. View of upstream face of abandoned Mick Br. impoundment. 2/4/10 8 Photo No.7- Viewing North Side of pool area Depicting flagged area of Cedar Grove Mine Seep. 2/4/10. Photo No.8-View of Cedar Grove Fe seep @ south side of Mick Br. abandoned impounding Pool Area. 2/4/10. Photo No.9-Fe Seep from Cedar Grove Mine discharging into Mick Br. abandoned impoundment. Located on south side of pool area. 2/4/10. 9 Photo No10-Upstream Mick Branch above abandoned impoundment. 2/4/10 Photo No.10-View above the abandoned Mick Br. impoundment viewing down Mick Br. (easterly direction). Photo taken from access road located behind the abandoned impoundment. 2/4/10 10 Photo No.11-View of Proposed Wooded Wetlands Area in Mick Br. of Stonecoal Br. Located below existing Mick Br. abandoned impoundment. 2/4/10. 11