This is a text-only version of the document "Wishbone Hill Coal Mine - Draft Mining Application - Part A - Alaska DEC - 2011". To see the original version of the document click here.

---

PART A APPLICANT AND MINE SITE IDENTIFICATION

WBH 2009 Update

TABLE OF CONTENTS

Page Application Form for Permit Number 01-89-796 ....................................................................... A-1 Corporate Resolution of Usibelli Coal Mine, Inc. ...................................................................... A-2 Exhibit A: Owners and Leaseholders of Record for Permit Number 01-89-796 ...................... A-3 Exhibit A-1 Surface and Mineral Ownership Map for Permit Number 01-89-796 ................. A-14 Application Form for Permit Number 02-89-796 ..................................................................... A-15 Corporate Resolution of Usibelli Coal Mine, Inc. .................................................................... A-16 Exhibit B: Owners and Leaseholders of Record for Permit Number 02-89-796 ..................... A-17 Exhibit A-2 Surface and Mineral Ownership Map for Permit Number 02-89-796 ................. A-19

A-i

WBH 2009 Update

APPLICATION FORM FOR PERMIT NUMBER 01-89-796

A-1

WBH 2009 Update

ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF MINING, LAND AND WATER PERMIT APPLICATION TO CONDUCT SURFACE COAL MINING AND WATER INSTRUCTIONS The Alaska Surface Coal Mining Control and Reclamation Act provides that all surface coal mining and reclamation operations that will disturb more than two acres will require a Surface Mining Permit from the Department of Natural Resources prior to initiation of the operation. The purpose of the permit is to assure that the mining operation and reclamation practices are consistent with the performance standards set forth in the Act and its regulations; that the rights of surface owners and others with an interest in the property are protected; that appropriate procedures for incorporating public participation are provided; and that a proper balance exists between the protection of the environment and the development of the State's coals resources.

Articles 3, 4, and 5 of the surface mining regulations identify the information to be included in a surface mining permit application. This form parallels the organization of these Articles and is intended to serve as a checklist to assist you in the preparation of a complete application. No attempt has been made, however, to present all of the specific regulatory requirements on this form. The applicant should refer to cited provisions of the regulations to ensure that information provided is responsive to the requirements of the regulations and the Act. Information submitted must also show how the applicant intends to meet requirements of the Performance Standards in Article 11 of the regulations, and, if applicable, the requirements for special categories of mining in Article 7. All technical data included in the application must be accompanied by the names of persons or organizations that collected and analyzed the data, dates of collection and analysis, and descriptions of the methodology used. The names, addresses and positions of officials of public and private agencies consulted during preparation of the application should be specified.

Maps submitted with the application should be presented in a consolidated format (i.e. a single map may serve more than one purpose). Certain maps plan views and cross sections must be prepared by, or under the direction of, and certified by, a registered professional engineer (or, in some cases, a geologist). These are identified by an asterisk (*) on this form. Please submit one hard copy and one electronic submittal of all application materials. References: Alaska Statute 27.21; 11 AAC Chapter 90, Articles 3, 4, 5, 7 and 11.
Permit Application to Conduct Surface Coal Mining Rev. 2002 1

Application # Date Received

. .

Permit Application to Conduct Surface Coal Mining CHECK ONE: /_/ New Permit /_/ Major Revision of Existing Permit / x / Permit Renewal Previous or current permit number 01-89-796 Number of acres currently permitted 1285 . . .

Number of acres to be added/deleted 0

Part A: APPLICATION AND MINE SITE IDENTIFICATION a) Name of Operation (Pit, mine or site name) b) Name of Applicant (Company name) Wishbone Hill Mine

Usibelli Coal Mine, Inc.

c) Address and Phone Number of Local Offices P.O. Box 1000 Healy, Alaska 99743 (907) 683-2226 e) Name and Phone Number of Contact Person Robert M. Brown (907) 745-6028 f) Name, Address and Phone Number of Operator Same as Applicant g) Name and Phone Number of Resident Agent Alan E. Renshaw (907) 683-9739 h) Location of Proposed Operation Township 19N 2E Range Sections Meridian Seward

Portions of 22, 23, 26, 27, 28, 34, 35, 36

Permit Application to Conduct Surface Coal Mining Rev. 2002

2

Latitude (Center Pt.)

61O 43’ 00”

Longitude (Center Pt.) Anchorage C-6

149 O 3’ 30”

i) USGS 1:63,360 Quadrangle(s)

j) Distance and Direction to Nearest Community

5 Miles West of Sutton 50-00030

k) Mine Safety & Health Administration I.D. Number. 11 AAC 90.023(d) l) Number of Disturbed acres under this permit m) Total permit area (acres) n) Permit fee (11 AAC 90.011) o) Requested permit term 5 Years p) Proposed initial bond amount q) Proposed total bond amount $10,000 $10,000 (Next 5-Year Term) /_/ State /_/ Federal 1285 $500

440 (First 5-Year Term)

r) Surface land ownership (check one)

/_/ Private

/ x / Combination

s) List names and address of all owners, purchasers of record, or leaseholders of the surface estate of lands within the proposed permit area. 11 AAC 90.023(a)(2) Name Address Name Address Mineral estate ownership (check one) /_/ State /_/ Federal /_/ Private / x / Combination t) List names and addresses of all owners, purchases of record, or leaseholder of the mineral estate of lands within the proposed permit area. 11 AAC 90.023(a)(2) Name Address Name Address u) List names and addresses of every owner of record of the surface or mineral estates of lands adjacent to the proposed permit area. 11 AAC 90.023(a)(3) See Exhibit A See Exhibit A

Permit Application to Conduct Surface Coal Mining Rev. 2002

3

Name Address Name Address Name Address

See Exhibit A

v) Provide a map illustrating the surface and mineral ownership information requested under Part A Sections s), u), v) for the permit and adjacent area. 11 AAC 90.063(1). See Exhibit A-1 PART B: LEGAL, FINANCIAL AND COMPLIANCE INFORMATION B1) IDENTIFICATION OF INTERESTS Section 1.0

a) For all businesses other than single proprietorships listed in Part A, b-g or Part A, s-t of this form, provide the names, addresses and telephone numbers of every officer, partner, director or other person performing a function similar to a director, and, for the applicant only, any person owning 10% or more of any class of voting stock. 11 AAC 90.023(b)(1) b) List names under which the applicant, partner or principal shareholders previously conducted a surface coal mining operation in the United States within the five years preceding the date of this application. 11 AAC 90.023(b)(2) c) List any current or previous coal mining permits in the United States held by the applicant after 1970 and by any person identified in B1(a) and any pending application to conduct operations in the United States. Identify the regulator authority for each operation. 11 AAC 90.023(c) d) Describe all land, interests in land, options or pending bids on interest held or made by the applicant for land which is contiguous to the area to be covered by the permit. 11 AAC 90.023(e) B2) COMPLIANCE INFORMATION

Section 1.0

Section 1.0

Section 1.0

a) Has the applicant, operator or any subsidiary affiliate or other business controlled by or under common control with the applicant or operator: 11 AAC 90.023(f)(1) • Had a federal or state mining permit suspended or revoked in the last five years? 11 AAC 90.023(f)(1)(a), or Yes___ No__X_
4

Permit Application to Conduct Surface Coal Mining Rev. 2002

•

Forfeited a mining bond or similar security deposited in lieu of bond? 11 AAC 90.023(f)(1)(b)

Yes___ No__X_ N/A

b) If either question in B2(a) was answered yes, provide a statement of the facts involved in any suspension, revocation or forfeiture. 11 AAC 90.023(f)(2)

c) List all federal or state violation notices or notices of non-compliance received by the applicant in connection with a surface coal mining operation during the three-year period before this application. Include notices pertaining to air or water quality. 11 AAC 90.023(f)(3) B3 AUTHORITY TO ENTER

Section 2.0

a) Describe the legal authority for the applicant's right to enter the permit area and begin operations, and state whether that right is the subject of pending litigation. 11 AAC 90.025(a) b) Identify relevant documents under B3a by type, date of execution, and the specific land to which they pertain. If these documents include state coal leases or coal prospecting permits, also list identifying numbers here ADL#_______,_______ _______, c) If the mineral state of the area to be mined has been legally separated from the private surface estate, provide a copy of the document of consent or conveyance granting the right to extract coal by surface mining methods or a determination by a court that the applicant is authorized to extract coal by surface mining methods. 11 AAC 90.025(b) d) Show on a map the boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin operations. 11 AAC 90.063(2)

Section 3.0

Section 3.0

Section 3.0

Section 3.0

B4

AREAS UNSUITABLE FOR MINING No

a) Is the proposed permit area within an area designated unsuitable for mining or under study for designation as such? 11 AAC 90.027(a) b) If B4(a) was answered yes, provide the petition name and number. c) Is mining proposed within any areas defined to be unsuitable for mining under AS 27.21.260(g)? d) If B4(c) was answered "yes" provide, as appropriate:
Permit Application to Conduct Surface Coal Mining Rev. 2002

N/A No

5

•

A written waiver from the owner of any occupied dwelling within 300 feet of the mining operation 11 AAC 90.027(c) A description, with appropriate maps and cross sections, of measures to be used to ensure that the interests of the public and landowners are protected if relations of a public road or mining activities within 100 feet of the right-of-way line of any public road are proposed 11 AAC 90.093; or Information demonstrating substantial financial and legal commitments prior to January 4, 1977, regarding the proposed operation, if an exception under AS 27.21.260(g) is sought. 11 AAC 90.027(b) PERMIT TERM INFORMATION

N/A

•

Part D Section 18.0

•

N/A

B5

a) Specify the requested permit term b) If a permit term in excess of five years is requested, provide a demonstration that the longer term is necessary to allow the applicant to obtain financing for equipment or for the opening of the operation. Include written confirmation from your source of financing. 11 AAC 90.029(b).

5 Years NA

c) Describe and show on a map the boundaries of all areas proposed to be affected over the Section 5.0 estimated total life of the operation and the size, sequence and timing of the operation and the size, sequence and timing of areas for which it is anticipated that additional permits will be sought. 11 AAC 90.029(a), 11 AAC 90.063(3) B6 OTHER LICENSES AND PERMITS Section 6.0

a) Identify all other licenses and permits needed by the applicant to conduct the proposed operations. Include for each the type of permit or license, name and address of issuing authority, identification number, status, and date. 11 AAC 90.031

B7)

LIABILITY INSURANCE Section 7.0

a) Provide certification from your insurance company that the applicant has a public liability insurance policy in force for the proposed operation, covering personal injuries or property damage resulting from the operation. 11 AAC 90.033 PART C: ENVIRONMENT RESOURCES INFORMATION C1) CULTURAL AND HISTORIC INFORMATION AND MAN-MADE FEATURES

a) Describe cultural and historic resources listed on the National Register of Historic Places
Permit Application to Conduct Surface Coal Mining Rev. 2002

Chapter 1
6

and known archeological features within the permit area and adjacent area. 11 AAC 90.041 b) Provide a map of cultural or historic resources, known archeological sites and public parks within the permit or adjacent area. 11 AAC 90.063(9), (10), and (11) c) Show on a map any land within the proposed permit and adjacent area which is within the boundaries of any units of the National System of Trails or the Wild and Scenic Rivers System, including designate study rivers. 11 AAC 90.063(11) C2) HYDROLOGY AND GEOLOGY (GENERAL INFORMATION) Chapters II, IV, V, & VI Chapter 1

N/A

a) Describe the geology, hydrology and water quality and quantity of all land within the permit area, adjacent area, and the general area. 11 AAC 90.043 C3) GEOLOGY DESCRIPTION

a) Provide a general statement of the geology within the proposed permit area down to and including the first aquifer to be affected below the lowest coal seam to be mined. 11 AAC 90.045(a) b) Provide cross sections, maps and plan view showing: Elevations and locations of test boring and core samplings; 11 AAC 90.065(1) All coal crop lines and the attitude of the coal to be mined within the permit area; and Nature, depth and thickness of the coal seams to be mined, any coal or rider seams above the seam to be mined, each stratum of the overburden and the stratum immediately below the lowest coal seam to be mined, 11 AAC 90.065(1), (3), (4). C4) GROUND WATER INFORMATION

Chapter II

Chap II & III Chapter II Chapters II & III

a) Describe the ground water hydrology of the proposed permit and adjacent area. Include the depth, lithology, thickness and extent of the water table and aquifers; the quality and known uses of subsurface water; contributions of ground water to stream base flow; and if required, additional information describing recharge, storage, and discharge characteristics of aquifers and water quality and quantity. 11 AAC 990.047 b) Provide cross sections, maps and plan views showing the location and extent of any subsurface water encountered, and the locations and elevation of monitoring stations used to gather data for water quality and quantity. 11 AAC 90.065(2), (6) C5) SURFACE WATER INFORMATION

Chapters IV & V

Chapter IV

a) Identify the watershed, which will receive water discharges from the affected area, the location of any water discharge point into any surface body of water. 11 AAC 90.049
Permit Application to Conduct Surface Coal Mining Rev. 2002

Chapter V

7

b) Describe surface drainage systems, identifying seasonal variations in water quality and quantity within the proposed permit area and adjacent area. 11 AAC 90.049 c) Provide a map showing the location of all surface water bodies within the proposed permit area and adjacent area, including those identified under C5a. Show the elevations and locations of monitoring stations used to gather water quality and quantity data. 11 AAC 90.065(2), (7) C6) ALTERNATIVE WATER SUPPLY INFORMATION

Chapter V

Chapter V

a) Identify the extent to which the proposed operations may result in contamination, diminution or interruption of a source of water within the proposed permit area or adjacent area for domestic, agricultural, industrial, fish and wildlife habitat or other legitimate use. 11 AAC 90.051 b) Provide a map showing the location of water supply intakes for current users of surface water flowing into, out of and within a hydrologic area. 11 AAC 90.063(7) c) Provide a map showing the location and depth, if available, of water wells within the proposed permit area and adjacent area. 11 AAC 90.065(10) C7) CLIMATOLOGICAL INFORMATION

Part D Sections 11.0, 14.0 & 15.0

Chapter VI

Chapters IV & VI

a) Provide a description of climatological factors of the proposed permit area, including precipitation, wind speed and direction, and seasonal temperature ranges, when requested by the Commissioner 11 AAC 90.053 b) Show on a map the elevation and location of monitoring stations used to gather data for air quality, if required 11 AAC 90.065(2) C8) VEGETATION INFORMATION

Chapter VII

Chapter VII

a) Provide a description of vegetation types within the proposed permit area, adjacent area and any proposed reference area. Include information and quantitative measurements adequate to predict the potential for successful revegetation. 11 AAC 90.055 b) Provide a map delineating existing vegetation types within the permit and adjacent area, and showing the location and boundaries of any proposed reference areas. 11 AAC 90.055; 11 AAC 90.063(6) C9) FISH AND WILDLIFE INFORMATION

Chapter VIII

Chapter VIII

a) Provide a study of fish and wildlife, their habitats, and human use of these resources within the proposed permit area and portions of the adjacent area where effects on these
Permit Application to Conduct Surface Coal Mining Rev. 2002

Chapters IX, X, & XIII
8

resources may reasonably be expected to occur. Identify any threatened or endangered species and their critical habitats and fish and game of economic, recreational or subsistence importance. 11 AAC 90.057 b) Show on map the location and elevation of any monitoring stations used to gather fish and wildlife data 11 AAC 90.065(2) C10) SOIL RESOURCES INFORMATION Chapter XI Chapters IX & X

a) Identify and describe soils within the proposed permit area, and provide analyses of each soil type to be affected. 11 AAC 90.059(a)(2), (a)(3) b) Provide information regarding present and potential productivity of existing soils 11 AAC 90.059(a)(4) c) Provide a map delineating different soils within the proposed permit area. 11 AAC 90.059(a)(1) d) If the use of selected overburdened materials as a supplement or substitute for topsoil is proposed, provide results of analyses, trials and tests required under 11 AAC 90.311, 11 AAC 90.059(b) C11) LAND USE INFORMATION

Chapter XI

Chapter XI

N/A

a) Describe the condition, capability and productivity of the land proposed to be affected by surface operations and facilities. Include a map, supporting narrative and analysis of the existing and, if applicable, the historic land uses. 11 AAC 90.061(a) b) Provide a description of existing land use classifications or zoning, if any of the proposed permit area and adjacent area 11 AAC 90.061(c) c) State whether the proposed permit area has been previously mined, and provide a description of the previous mining, including type, dates and extent of mining, and the uses of the land preceding mining. 11 AAC 90.061(b) d) Show on a map the extent of existing or previously surface-mined areas within the proposed permit area, and the location and extent of known workings of active, inactive or abandoned underground mines, including mine openings to the surface within and adjacent to the proposed permit area. 11 AAC 90.065(8), 11 AAC 90.065(5).

Chapter XII

Chapter XII

Chapter XII

Chapter XII

e) Provide a map of all surface and subsurface man-made features within, passing through, Chapter XII or passing over the proposed permit area. Include the location and current use of all buildings on or within 1,000 feet of the proposed permit area; each cemetery or burial ground located in or within 100 feet of the proposed permit area; any gas and oil wells; and each public road in or within 100 feet of the proposed permit area. 11 AAC 90.063(4), (5), (8); 11 AAC 90.065 (10)
Permit Application to Conduct Surface Coal Mining Rev. 2002 9

PART D: OPERATION AND RECLAMATION PLAN D1) OPERATION PLAN Section 3.0

a) Describe (in detail for the proposed permit area and in general for life of the operation) the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal and the major equipment to be used. 11 AAC 90.071(1) b) Illustrate using maps and plan views, and cross sections where appropriate, the area of land to be affected and the sequence of mining and reclamation within the proposed permit area. 11 AAC 90.077(b)(2) c) Describe measure to be used to maximize the use and conservation of the coal resources. 11 AAC 90.083(b)(6) d) Describe and illustrate using maps, plan views and cross sections where appropriate, any overburden storage area or structure. 11 AAC 90.071(2)(B); 11 AAC 90.077(b)(5) D2) EXISTING OPERATIONS, STRUCTURES AND FACILITIES

Section 3.0

Section 7.0

Section 5.0

a) Provide a map identifying areas where operations were conducted (coal was removed or lands were otherwise used in connection with the operation): Before August 3, 1977; After August 3, 1977 and before May 3, 1978; After May 3, 1978 and before May 2, 1983 and After the estimated date of Permit issuance 11 AAC 90.021(f)(2) b) Provide cross sections, maps and plan views showing the location and dimensions of existing areas of spoil, waste, coal development waste, and non-coal waste disposal; dams, embankments, other impoundment's; and water treatment and air pollution control facilities within the proposed permit area. 11 AAC 90.065(9) c) Identify and describe each existing structure proposed to be used in connection with the operation. Include its location, design, current condition and construction dates. Provide a showing of whether the structure meets applicable performance standard requirements. 11 AAC 90.073(a) d) Provide a compliance plan for each existing structure to be modified or reconstructed for use in connection with the operation. Include design specifications, a construction
Permit Application to Conduct Surface Coal Mining Rev. 2002

Part C Chapter XII N/A N/A N/A N/A N/A

N/A

N/A

10

schedule, provisions for monitoring the structure, and a showing that risk of harm to the environment or to public health and safety is not significant. 11 AAC 90.073(b) D3) COAL TRANSPORTATION AND HANDLING Section 8.0

a) Describe the construction, modification, use, maintenance and removal of structures and facilities for coal removal, handling, storage, cleaning and transportation. 11 AAC 90.071(2)(c) b) Provide maps and plans and cross-sections where appropriate, showing each coal storage, cleaning and loading area. 11 AAC 90.077(b)(4) D4) BUILDINGS, ROADS AND OTHER FACILITIES

Section 8.0

a) Describe construction, modification, use maintenance and removal of mine facilities 11 AAC 90.071(2)(E) and 11 AAC 90.83(b)(12) b) Provide maps and plans and cross-sections where appropriate, showing buildings, utility corridors and other facilities to be used. 11 AAC 90.077(b)(1)

Sections 9.0, 10.0, & 13.0 Section 10.0

c) Describe each road, conveyor or rail system to be constructed, used or maintained within Section 9.0 the proposed permit area. Include a map, appropriate cross sections and specifications for each road width, road gradient, road surface, road cut, fill embankment, culvert, bridge, drainage ditch and drainage structure. 11 AAC 90.097. D5) BLASTING PLAN Section 6.0

a) Provide a plan describing blasting operations. Include a description of types and amounts of explosives, procedures for recording and retention of blasting information, blasting warning and access control procedures, blast monitoring, preblasting surveys and procedures for unscheduled blasts 11 AAC 90.075 b) Provide a map showing the location of each explosive storage and handling facility. 11 AAC 90.077(b)(10) D6) AIR POLLUTION CONTROL PLAN

Section 3.0 Plate 3-1

a) Provide a plan showing how all surface areas will be stabilized and protected to comply with applicable federal and state air quality regulations, including, if required by the Commissioner, an air quality monitoring program 11 AAC 90.079 b) Describe steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. Section 7401, etc, seq.) and other applicable air quality laws and regulations.11 AAC 90.083(b)(9)

Section 16.0

Section 16.0

Permit Application to Conduct Surface Coal Mining Rev. 2002

11

c) Describe and show on a map each air pollution collection and control facility. 11 AAC 90.071(2)(F), 11 AAC 90.077(b)(7). D7) FISH AND WILDLIFE PROTECTION PLAN

Section 16.0

a) Provide a plan describing impact control measures, management techniques and monitoring methods designed to prevent or minimize disturbance and adverse impacts on fish and wildlife and related environmental values. Include threatened or endangered species, important or protected species and habitats of unusually high value for fish and wildlife. 11 AAC 90.081 b) Provide maps and plan views and cross-sections where appropriate, showing each facility to be used to protect and enhance fish and wildlife and related environmental values. 11 AAC 90.077(b)(9) D8) RECLAMATION PLAN: GENERAL REQUIREMENTS AND BONDING

Section 14.0

Section 14.0

a) Provide a plan for reclamation of the proposed permit area. Show how the applicant will comply with the performance standards in 11 AAC 90.301 -- 11 AAC 90.501. 11 AAC 90.083(a) b) Provide a detailed timetable for the completion of each major step in the reclamation plan 11 AAC 90.083(b)(1) c) Provide a detailed estimate, with supporting calculations, of the cost of the reclamation of all operations required to be covered by a performance bond. 11 AAC 90.083(b)(2) d) Provide a map, showing each area of land for which a performance bond or other equivalent guarantee will be posted. If incremental or cumulative bonding is proposed, this map should identify initial and successive bonding areas. 11 AAC 90.077(b)(3) D9) BACKFILLING AND GRADING PLAN

Section 13.0

Section 13.0

Section 13.0

Section 13.0

a) Provide cross sections, maps and plan views adequate to portray the existing land surface configuration and slopes within the area to be affected. 11 AAC 90.065(11) b) Provide a plan for backfilling, soil stabilization and grading, with contour maps or cross sections that show the anticipated final surface configuration of the proposed permit area. 11 AAC 90.083(b)(3) c) Describe measures to be employed to ensure that all coal, acid-forming and toxic-forming materials, debris and materials constituting a fire hazard are covered, treated or otherwise properly disposed of. Include a contingency plan for preventing sustained combustion. 11 AAC 90.083(b)(7)
Permit Application to Conduct Surface Coal Mining Rev. 2002

Sections 3.0 & 13.0 Sections 12.0 & 13.0

Section 12.0

12

D10)

TOPSOIL HANDLING PLAN Sections 4.0 & 13.0 Section 4.0

a) Provide a plan for removal, storage and redistribution of topsoil, subsoil and other substitute or supplemental material. 11 AAC 90.083(b)(4) b) Provide a description of topsoil handling and storage areas and structures. Include; appropriate maps, plan views and cross sections. 11 AAC 90.071(2)(B); 11 AAC 90.077(b)(5) c) Provide a soil-testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation. 11 AAC 90.083(b)(5)(H) D11) REVEGETATION PLAN

Section 13.0

a) Provide a plan for revegetation, including a revegetation schedule, species and amounts per acre of seeds and seedlings, methods of planting, seeding and mulching and any planned irrigation or pest control measures. 11 AAC 90.083(b)(5) b) Specify measures proposed to be used to determine the success of revegetation. 11 AAC 90.083(b)(5) D12) PROTECTION OF THE HYDROLOGIC BALANCE

Section 13.0

Section 13.0

a) Provide a detailed description, with appropriate maps and cross section drawings, of measures to be taken during and after the proposed operations to ensure the protection of the quality and quantity of surface and ground water, and the rights of present users. 11 AAC 90.085(b) b) Provide a plan for the control of surface and ground water drainage into; through and out of the proposed permit area. 11 AAC 90.085(c)(1) c) Provide a description with maps and plan views and cross sections where appropriate of each water diversion, collection, conveyance, 11 AAC 90.071(2)(F), 11 AAC 90.077(b)(6) d) Provide a description, including maps and cross-sections of the design, construction and removal of stream channel diversions. 11 AAC 90.083 (b)(11) e) Provide a plan for treatment of surface and ground water drainage from the area to be disturbed. Include proposed quantitative limits on pollutants in discharges. 11 AAC 90.085(c)(2) f) Provide general design information, maps, plan views, descriptions, cross sections and other information for each proposed sedimentation pond, dam embankment or impoundment. Describe construction, modification, use, maintenance and removal. Include a schedule for submission of any detailed design plans. 11 AAC 90.071(2)(A); 11 AAC 90.077(b)(11); 11 AAC 90.089(a).
Permit Application to Conduct Surface Coal Mining Rev. 2002

Sections 11.0 & 13.0

Section 11.0

Section 11.0

Section 11.0

Section 11.0

Section 11.0

13

g) Provide detailed design information for all ponds, dams, embankments or impoundments for which specific approval is requested. 11 AAC 90.089(b) h) For each structure 20 feet or higher or impounding more than 20-acre feet of water, include a stability analysis. 11 AAC 90.089(d) i) Provide a plan for the collection, recording and reporting of ground and surface water quality and quantity data. 11 AAC 90.085(c)(5) j) Provide a plan for the restoration of the approximate recharge capacity of the permit area and adjacent area. 11 AAC 90.085(c)(3) k) Provide a description including appropriate cross sections and maps, of measures to be used to plug, case or manage exploration holes, other bore holes, wells and other openings within the proposed permit area. 11 AAC 90.083(b)(8) l) Provide a determination of the probable hydrologic consequences of the operation on the proposed permit area and adjacent area with respect to the hydrologic regime and the quantity and quality of water in surface and ground water systems under all seasonal conditions. 11 AAC 90.085(a) m) Describe steps to be taken to comply with the Clean Water Act and other applicable water quality laws and regulations. 11 AAC 90.083(b)(9) D13) POST MINING LAND USE

Section 11.0

Section 11.0

Section 15.0

Section 15.0

Section 15.0

Section 15.0

Section 15.0

a) Provide a detailed description of the proposed use, following reclamation of the land to be affected. Include a discussion of how this use is to be achieved and the utility and capacity of the reclaimed land to support a variety of alternative uses. 11 AAC 90.087(a) b) If the proposed post mining land use differs from the pre-mining land use, attached all documentation needed to satisfy applicable criteria contained in 11 AAC 90.481, 11 AAC 90.087(a) c) Describe the relationship of the proposed land use to applicable state and local land use policies and plans, and to surface owner plans. Include comments concerning the proposed use by the legal or equitable surface owner and the appropriate state and local government agencies. 11 AAC 90.087(b) D14) PROTECTION OF PUBLIC PARKS AND HISTORIC PLACES

Section 13.0

N/A

Section 13.0

a) Describe measures to be used to prevent or minimize impacts to any public park or historic place that may be adversely affected by the proposed operations. 11 AAC 90.091
Permit Application to Conduct Surface Coal Mining Rev. 2002

Section 17.0

14

D15)

EXCESS SPOIL AND UNDERGROUND DEVELOPMENT WASTE N/A

a) Describe the design, construction, operation, maintenance and removal if appropriate of all excess spoil or mine development waste disposal areas and structures. 11 AAC 90.071(2)(D); 11 AAC 90.095(a) b) Provide appropriate maps, plan views and cross sections drawings illustrating the proposed disposal site and the design of the spoil disposal structures. 11 AAC 90.077(b)(11); 11 AAC 90.095(a) c) Provide the results of a geotechnical investigation of the proposed disposal site. Include bedrock characteristics, a survey of springs and seeps, an analysis of potential effects of underground mine subsidence, a geotechnical description of rock materials to be used in any rock chimney cores or drainage blankets and a stability analysis of the fill. 11 AAC 90.095(b) d) Provide engineering specifications utilized to design any rock-toe buttress or key-way cuts. Include the number, location and depth of borings or test pits. 11 AAC 90.095(c) D16) HAZARDOUS COAL PROCESSING WASTE

N/A

N/A

N/A

a) Describe the design, construction, modification, use, maintenance and removal of any hazardous coal processing waste disposal areas and structures. Explain how the structure complies with 11 AAC 90.391; 11 AAC 90.409; 11 AAC 90.071(2)(D) b) Provide maps and plan views, and cross sections where appropriate of each hazardous coal processing waste storage area, disposal area, dam or embankment. 11 AAC 90.077(b)(11) c) Provide maps, plan views and cross sections as appropriate to illustrate the sources of the coal processing waste. 11 AAC 90.077(b)(8) d) For each hazardous coal processing waste dam or embankment, provide the results of a geotechnical investigation of the foundation area to determine structural competence of the foundation to support the dam or embankment and the impounded material. 11 AAC 90.089(c) e) Describe the design, operation, and maintenance of any proposed facility to return hazardous coal processing waste to underground workings, including flow diagrams and appropriate drawings and maps. 11 AAC 90.099 D17) NON-COAL WASTE

N/A

N/A

N/A

N/A

N/A

a) Describe and illustrate using appropriate maps, plan views and cross sections, the
Permit Application to Conduct Surface Coal Mining Rev. 2002

Section 10.0
15

removal handling, storage and disposal of non-coal wastes. 11 AAC 90.071(2)(D) 11 AAC 90.077(b)(5) D18) UNDERGROUND MINING: SUBSIDENCE CONTROL PLAN N/A

a) Provide the results of a survey, which shows whether structures of renewable resource lands exist within the proposed permit and adjacent area, and a determination as to whether subsidence may cause material damage or affect the use of the structures or resources. 11 AAC 90.101(a) b) If the subsidence may cause material damage or affect the use of structures or renewable resources, describe methods of operation which may affect subsidence, measures to be taken to prevent or reduce damage due to subsidence, a subsidence monitoring plan (including the location of subsidence monitoring points), and measures to determine the degree of damage or diminution of value or use. 11 AAC 90.077(c)(2); 11 AAC 90.101(c) D19) UNDERGROUND MINING: RECLAMATION

N/A

a) Provide a description, including appropriate cross sections, drawings and maps of measures to be used to seal or manage mine openings. Include a detailed description of permanent entry seals and down-slope barriers designed to ensure stability under anticipated hydraulic heads developed while promoting mine inundation after mine closure. 11 AAC 90.083(b)(8); 11 AAC 90.085(d) b) Provide maps, plan views and cross sections illustrating the anticipated final surface configurations and profile to be achieved for the affected area, including the locations of each permanent facility. 11 AAC 90.077(c) c) If operations are planned closer than 500 feet to an active or abandoned underground mine, describe measures to be used to comply with 11 AAC 90.393, 11 AAC 90.083(b)(10) PART E: SPECIAL CATEGORIES OF MINING 1) Does the proposed operation include: Mountaintop removal? Steep Slope Mining? Alluvial Valley Floors? In Situ Processing? Experimental Practices?
Permit Application to Conduct Surface Coal Mining Rev. 2002

N/A

N/A

N/A

Yes___No X Yes___No X Yes___No X Yes___No X Yes___No X
16

Important Farmlands? 2) Are you requesting a variance: From contour restoration requirements for steep slopes? For combined surface and underground mining? 3) If any part of Part E 1 or 2 was answered "yes" provide documentation addressing relevant requirements of 11 AAC 90.141 -- 11 AAC 90.157 4) Will facilities such as roads, transportation, support facilities, and utility installations be constructed outside the permit area?

Yes___No X

Yes___No X Yes___No X N/A

Yes

5) If number four above, was answered "yes" either attach a finding by the Commissioner Part E Section that a permit is not required or provide information addressing the requirements of 11 AAC 1.0 90.155.

The applicant, being first duly sworn, states to the best of his knowledge and belief that all statements and representations made in this application are true and correct.

Applicant's Name Address Applicant's Signature Subscribed and sworn before me by 20____. Notary Public

Title

. .

Date ___________this the

. day of_________,

My commission expires

.

Note: Attach a copy of power of attorney, or resolution of Board of Directors that grants signature authority)

Permit Application to Conduct Surface Coal Mining Rev. 2002

17

CORPORATE RESOLUTION OF USIBELLI COAL MINE, INC.

A-2

WBH 2011 Update

EXHIBIT A OWNERS AND LEASEHOLDERS OF RECORD FOR PERMIT NUMBER 01-89-796

SURFACE ESTATE WITHIN THE PERMIT AREA Owners of Record State of Alaska Department of Natural Resources Division of Mining, Land and Water 550 West 7th Avenue, Suite 1050A Anchorage, Alaska 99501-3579 Usibelli Coal Mine, Inc. P.O. Box 1000 Healy, Alaska 99743-1000 State of Alaska Department of Natural Resources Mental Health Trust Land Unit 718 L St., Suite 202 Anchorage, Alaska 99501 Leaseholders Usibelli Coal Mine, Inc. P.O. Box 1000 Healy, Alaska 99743-1000

A-3

WBH 2009 Update

SUBSURFACE (MINERAL) ESTATE WITHIN THE PERMIT AREA Owners of Record State of Alaska Department of Natural Resources Division of Mining, Land and Water 550 West 7th Avenue, Suite 1050A Anchorage, Alaska 99501-3579
Cook Inlet Region, Inc. 2525 "C" Street, Suite 500 P.O. Box 93330 Anchorage, Alaska 99509-3330

State of Alaska Department of Natural Resources Mental Health Trust Land Unit 718 L St., Suite 202 Anchorage, Alaska 99501 Leaseholders Usibelli Coal Mine, Inc. P.O. Box 1000 Healy, Alaska 99743-1000

A-4

WBH 2009 Update

This Page Left Intentionally Blank

A-13

WBH 2011 Update

EXHIBIT A-1 SURFACE AND MINERAL OWNERSHIP MAP FOR PERMIT NUMBER 01-89-796

A-14

WBH 2009 Update

APPLICATION FORM FOR PERMIT NUMBER 02-89-796

A-15

WBH 2009 Update

ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF MINING, LAND AND WATER PERMIT APPLICATION TO CONDUCT SURFACE COAL MINING AND WATER INSTRUCTIONS The Alaska Surface Coal Mining Control and Reclamation Act provides that all surface coal mining and reclamation operations that will disturb more than two acres will require a Surface Mining Permit from the Department of Natural Resources prior to initiation of the operation. The purpose of the permit is to assure that the mining operation and reclamation practices are consistent with the performance standards set forth in the Act and its regulations; that the rights of surface owners and others with an interest in the property are protected; that appropriate procedures for incorporating public participation are provided; and that a proper balance exists between the protection of the environment and the development of the State's coals resources.

Articles 3, 4, and 5 of the surface mining regulations identify the information to be included in a surface mining permit application. This form parallels the organization of these Articles and is intended to serve as a checklist to assist you in the preparation of a complete application. No attempt has been made, however, to present all of the specific regulatory requirements on this form. The applicant should refer to cited provisions of the regulations to ensure that information provided is responsive to the requirements of the regulations and the Act. Information submitted must also show how the applicant intends to meet requirements of the Performance Standards in Article 11 of the regulations, and, if applicable, the requirements for special categories of mining in Article 7. All technical data included in the application must be accompanied by the names of persons or organizations that collected and analyzed the data, dates of collection and analysis, and descriptions of the methodology used. The names, addresses and positions of officials of public and private agencies consulted during preparation of the application should be specified.

Maps submitted with the application should be presented in a consolidated format (i.e. a single map may serve more than one purpose). Certain maps plan views and cross sections must be prepared by, or under the direction of, and certified by, a registered professional engineer (or, in some cases, a geologist). These are identified by an asterisk (*) on this form. Please submit one hard copy and one electronic submittal of all application materials. References: Alaska Statute 27.21; 11 AAC Chapter 90, Articles 3, 4, 5, 7 and 11.

Permit Application to Conduct Surface Coal Mining Rev. 2002

1

Application # Date Received

. .

Permit Application to Conduct Surface Coal Mining CHECK ONE: /_/ New Permit /_/ Major Revision of Existing Permit / x / Permit Renewal Previous or current permit number 02-89-796 Number of acres currently permitted 66 . . .

Number of acres to be added/deleted 0

Part A: APPLICATION AND MINE SITE IDENTIFICATION e) Name of Operation (Pit, mine or site name) f) Name of Applicant (Company name) Wishbone Hill Mine

Usibelli Coal Mine, Inc.

g) Address and Phone Number of Local Offices P.O. Box 1000 Healy, Alaska 99743 (907) 683-2226 e) Name and Phone Number of Contact Person Robert M. Brown (907) 745-6028 f) Name, Address and Phone Number of Operator Same as Applicant g) Name and Phone Number of Resident Agent Alan E. Renshaw (907) 683-9739 h) Location of Proposed Operation Township 18N 2E Range Sections Portion of 1 Meridian Seward

Permit Application to Conduct Surface Coal Mining Rev. 2002

2

Latitude (Center Pt.)

61O 41’ 00”

Longitude (Center Pt.) Anchorage C-6

149 O 1’ 15”

i) USGS 1:63,360 Quadrangle(s)

j) Distance and Direction to Nearest Community

5 Miles West of Sutton 50-00030

k) Mine Safety & Health Administration I.D. Number. 11 AAC 90.023(d) l) Number of Disturbed acres under this permit m) Total permit area (acres) n) Permit fee (11 AAC 90.011) o) Requested permit term 66 9.5 (Life of Mine)

Included in the fee for Permit 01-89-796

5 Years Covered under Permit 01-89-796 Covered under Permit 01-89-796 /_/ State /_/ Federal /X/ Private / / Combination

p) Proposed initial bond amount q) Proposed total bond amount

r) Surface land ownership (check one)

s) List names and address of all owners, purchasers of record, or leaseholders of the surface estate of lands within the proposed permit area. 11 AAC 90.023(a)(2) Name Address Name Address Mineral estate ownership (check one) /_/ State /_/ Federal /_/ Private / x / Combination t) List names and addresses of all owners, purchases of record, or leaseholder of the mineral estate of lands within the proposed permit area. 11 AAC 90.023(a)(2) Name Address Name Address u) List names and addresses of every owner of record of the surface or mineral estates of lands adjacent to the proposed permit area. 11 AAC 90.023(a)(3)
Permit Application to Conduct Surface Coal Mining Rev. 2002 3

See Exhibit B

See Exhibit B

Name Address Name Address Name Address

See Exhibit B

v) Provide a map illustrating the surface and mineral ownership information requested under Part A Sections s), u), v) for the permit and adjacent area. 11 AAC 90.063(1). See Exhibit A-1 PART B: LEGAL, FINANCIAL AND COMPLIANCE INFORMATION B1) IDENTIFICATION OF INTERESTS Section 1.0

a) For all businesses other than single proprietorships listed in Part A, b-g or Part A, s-t of this form, provide the names, addresses and telephone numbers of every officer, partner, director or other person performing a function similar to a director, and, for the applicant only, any person owning 10% or more of any class of voting stock. 11 AAC 90.023(b)(1) b) List names under which the applicant, partner or principal shareholders previously conducted a surface coal mining operation in the United States within the five years preceding the date of this application. 11 AAC 90.023(b)(2) c) List any current or previous coal mining permits in the United States held by the applicant after 1970 and by any person identified in B1(a) and any pending application to conduct operations in the United States. Identify the regulator authority for each operation. 11 AAC 90.023(c) h) Describe all land, interests in land, options or pending bids on interest held or made by the applicant for land which is contiguous to the area to be covered by the permit. 11 AAC 90.023(e) B2) COMPLIANCE INFORMATION

Section 1.0

Section 1.0

Section 1.0

a) Has the applicant, operator or any subsidiary affiliate or other business controlled by or under common control with the applicant or operator: 11 AAC 90.023(f)(1) • Had a federal or state mining permit suspended or revoked in the last five years? 11 AAC 90.023(f)(1)(a), or Yes___ No__X_

Permit Application to Conduct Surface Coal Mining Rev. 2002

4

•

Forfeited a mining bond or similar security deposited in lieu of bond? 11 AAC 90.023(f)(1)(b)

Yes___ No__X_ N/A

b) If either question in B2(a) was answered yes, provide a statement of the facts involved in any suspension, revocation or forfeiture. 11 AAC 90.023(f)(2)

c) List all federal or state violation notices or notices of non-compliance received by the applicant in connection with a surface coal mining operation during the three-year period before this application. Include notices pertaining to air or water quality. 11 AAC 90.023(f)(3) B3 AUTHORITY TO ENTER

Section 2.0

a) Describe the legal authority for the applicant's right to enter the permit area and begin operations, and state whether that right is the subject of pending litigation. 11 AAC 90.025(a) b) Identify relevant documents under B3a by type, date of execution, and the specific land to which they pertain. If these documents include state coal leases or coal prospecting permits, also list identifying numbers here ADL#_______,_______ _______, c) If the mineral state of the area to be mined has been legally separated from the private surface estate, provide a copy of the document of consent or conveyance granting the right to extract coal by surface mining methods or a determination by a court that the applicant is authorized to extract coal by surface mining methods. 11 AAC 90.025(b) d) Show on a map the boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin operations. 11 AAC 90.063(2)

Section 3.0

Section 3.0

N/A

Section 3.0

B4

AREAS UNSUITABLE FOR MINING No

a) Is the proposed permit area within an area designated unsuitable for mining or under study for designation as such? 11 AAC 90.027(a) b) If B4(a) was answered yes, provide the petition name and number. c) Is mining proposed within any areas defined to be unsuitable for mining under AS 27.21.260(g)? d) If B4(c) was answered "yes" provide, as appropriate:

N/A No

Permit Application to Conduct Surface Coal Mining Rev. 2002

5

•

A written waiver from the owner of any occupied dwelling within 300 feet of the mining operation 11 AAC 90.027(c) A description, with appropriate maps and cross sections, of measures to be used to ensure that the interests of the public and landowners are protected if relations of a public road or mining activities within 100 feet of the right-of-way line of any public road are proposed 11 AAC 90.093; or Information demonstrating substantial financial and legal commitments prior to January 4, 1977, regarding the proposed operation, if an exception under AS 27.21.260(g) is sought. 11 AAC 90.027(b) PERMIT TERM INFORMATION

N/A

•

N/A

•

N/A

B5

a) Specify the requested permit term b) If a permit term in excess of five years is requested, provide a demonstration that the longer term is necessary to allow the applicant to obtain financing for equipment or for the opening of the operation. Include written confirmation from your source of financing. 11 AAC 90.029(b).

5 Years NA

c) Describe and show on a map the boundaries of all areas proposed to be affected over the Section 5.0 estimated total life of the operation and the size, sequence and timing of the operation and the size, sequence and timing of areas for which it is anticipated that additional permits will be sought. 11 AAC 90.029(a), 11 AAC 90.063(3) B6 OTHER LICENSES AND PERMITS Section 6.0

a) Identify all other licenses and permits needed by the applicant to conduct the proposed operations. Include for each the type of permit or license, name and address of issuing authority, identification number, status, and date. 11 AAC 90.031

B7)

LIABILITY INSURANCE Section 7.0

a) Provide certification from your insurance company that the applicant has a public liability insurance policy in force for the proposed operation, covering personal injuries or property damage resulting from the operation. 11 AAC 90.033 PART C: ENVIRONMENT RESOURCES INFORMATION C1) CULTURAL AND HISTORIC INFORMATION AND MAN-MADE FEATURES

a) Describe cultural and historic resources listed on the National Register of Historic Places
Permit Application to Conduct Surface Coal Mining Rev. 2002

Chapter 1
6

and known archeological features within the permit area and adjacent area. 11 AAC 90.041 b) Provide a map of cultural or historic resources, known archeological sites and public parks within the permit or adjacent area. 11 AAC 90.063(9), (10), and (11) c) Show on a map any land within the proposed permit and adjacent area which is within the boundaries of any units of the National System of Trails or the Wild and Scenic Rivers System, including designate study rivers. 11 AAC 90.063(11) C2) HYDROLOGY AND GEOLOGY (GENERAL INFORMATION) Chapters II, IV, V, & VI Chapter 1

N/A

a) Describe the geology, hydrology and water quality and quantity of all land within the permit area, adjacent area, and the general area. 11 AAC 90.043 C3) GEOLOGY DESCRIPTION

a) Provide a general statement of the geology within the proposed permit area down to and including the first aquifer to be affected below the lowest coal seam to be mined. 11 AAC 90.045(a) b) Provide cross sections, maps and plan view showing: Elevations and locations of test boring and core samplings; 11 AAC 90.065(1) All coal crop lines and the attitude of the coal to be mined within the permit area; and Nature, depth and thickness of the coal seams to be mined, any coal or rider seams above the seam to be mined, each stratum of the overburden and the stratum immediately below the lowest coal seam to be mined, 11 AAC 90.065(1), (3), (4). C4) GROUND WATER INFORMATION

Chapter II

Chap II & III Chapter II Chapters II & III

a) Describe the ground water hydrology of the proposed permit and adjacent area. Include the depth, lithology, thickness and extent of the water table and aquifers; the quality and known uses of subsurface water; contributions of ground water to stream base flow; and if required, additional information describing recharge, storage, and discharge characteristics of aquifers and water quality and quantity. 11 AAC 990.047 b) Provide cross sections, maps and plan views showing the location and extent of any subsurface water encountered, and the locations and elevation of monitoring stations used to gather data for water quality and quantity. 11 AAC 90.065(2), (6) C5) SURFACE WATER INFORMATION

Chapters IV & V

Chapter IV

a) Identify the watershed, which will receive water discharges from the affected area, the location of any water discharge point into any surface body of water. 11 AAC 90.049

Chapter V

Permit Application to Conduct Surface Coal Mining Rev. 2002

7

b) Describe surface drainage systems, identifying seasonal variations in water quality and quantity within the proposed permit area and adjacent area. 11 AAC 90.049 c) Provide a map showing the location of all surface water bodies within the proposed permit area and adjacent area, including those identified under C5a. Show the elevations and locations of monitoring stations used to gather water quality and quantity data. 11 AAC 90.065(2), (7) C6) ALTERNATIVE WATER SUPPLY INFORMATION

Chapter V

Chapter V

a) Identify the extent to which the proposed operations may result in contamination, diminution or interruption of a source of water within the proposed permit area or adjacent area for domestic, agricultural, industrial, fish and wildlife habitat or other legitimate use. 11 AAC 90.051 b) Provide a map showing the location of water supply intakes for current users of surface water flowing into, out of and within a hydrologic area. 11 AAC 90.063(7) c) Provide a map showing the location and depth, if available, of water wells within the proposed permit area and adjacent area. 11 AAC 90.065(10) C7) CLIMATOLOGICAL INFORMATION

Part D Sections 11.0, 14.0 & 15.0

Chapter VI

Chapters IV & VI

a) Provide a description of climatological factors of the proposed permit area, including precipitation, wind speed and direction, and seasonal temperature ranges, when requested by the Commissioner 11 AAC 90.053 b) Show on a map the elevation and location of monitoring stations used to gather data for air quality, if required 11 AAC 90.065(2) C8) VEGETATION INFORMATION

Chapter VII

Chapter VII

a) Provide a description of vegetation types within the proposed permit area, adjacent area and any proposed reference area. Include information and quantitative measurements adequate to predict the potential for successful revegetation. 11 AAC 90.055 b) Provide a map delineating existing vegetation types within the permit and adjacent area, and showing the location and boundaries of any proposed reference areas. 11 AAC 90.055; 11 AAC 90.063(6) C9) FISH AND WILDLIFE INFORMATION

Chapter VIII

Chapter VIII

a) Provide a study of fish and wildlife, their habitats, and human use of these resources within the proposed permit area and portions of the adjacent area where effects on these
Permit Application to Conduct Surface Coal Mining Rev. 2002

Chapters IX, X, & XIII
8

resources may reasonably be expected to occur. Identify any threatened or endangered species and their critical habitats and fish and game of economic, recreational or subsistence importance. 11 AAC 90.057 b) Show on map the location and elevation of any monitoring stations used to gather fish and wildlife data 11 AAC 90.065(2) C10) SOIL RESOURCES INFORMATION Chapter XI Chapters IX & X

a) Identify and describe soils within the proposed permit area, and provide analyses of each soil type to be affected. 11 AAC 90.059(a)(2), (a)(3) b) Provide information regarding present and potential productivity of existing soils 11 AAC 90.059(a)(4) c) Provide a map delineating different soils within the proposed permit area. 11 AAC 90.059(a)(1) d) If the use of selected overburdened materials as a supplement or substitute for topsoil is proposed, provide results of analyses, trials and tests required under 11 AAC 90.311, 11 AAC 90.059(b) C11) LAND USE INFORMATION

Chapter XI

Chapter XI

N/A

a) Describe the condition, capability and productivity of the land proposed to be affected by surface operations and facilities. Include a map, supporting narrative and analysis of the existing and, if applicable, the historic land uses. 11 AAC 90.061(a) b) Provide a description of existing land use classifications or zoning, if any of the proposed permit area and adjacent area 11 AAC 90.061(c) c) State whether the proposed permit area has been previously mined, and provide a description of the previous mining, including type, dates and extent of mining, and the uses of the land preceding mining. 11 AAC 90.061(b) d) Show on a map the extent of existing or previously surface-mined areas within the proposed permit area, and the location and extent of known workings of active, inactive or abandoned underground mines, including mine openings to the surface within and adjacent to the proposed permit area. 11 AAC 90.065(8), 11 AAC 90.065(5). e) Provide a map of all surface and subsurface man-made features within, passing through, or passing over the proposed permit area. Include the location and current use of all buildings on or within 1,000 feet of the proposed permit area; each cemetery or burial ground located in or within 100 feet of the proposed permit area; any gas and oil wells; and each public road in or within 100 feet of the proposed permit area. 11 AAC 90.063(4), (5), (8); 11 AAC 90.065 (10)
Permit Application to Conduct Surface Coal Mining Rev. 2002

Chapter XII

Chapter XII

Chapter XII

Chapter XII

Chapter XII

9

PART D: OPERATION AND RECLAMATION PLAN D1) OPERATION PLAN Section 3.0

a) Describe (in detail for the proposed permit area and in general for life of the operation) the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal and the major equipment to be used. 11 AAC 90.071(1) b) Illustrate using maps and plan views, and cross sections where appropriate, the area of land to be affected and the sequence of mining and reclamation within the proposed permit area. 11 AAC 90.077(b)(2) c) Describe measure to be used to maximize the use and conservation of the coal resources. 11 AAC 90.083(b)(6) d) Describe and illustrate using maps, plan views and cross sections where appropriate, any overburden storage area or structure. 11 AAC 90.071(2)(B); 11 AAC 90.077(b)(5) D2) EXISTING OPERATIONS, STRUCTURES AND FACILITIES

Section 3.0

Section 7.0

Section 5.0

a) Provide a map identifying areas where operations were conducted (coal was removed or lands were otherwise used in connection with the operation): Before August 3, 1977; After August 3, 1977 and before May 3, 1978; After May 3, 1978 and before May 2, 1983 and After the estimated date of Permit issuance 11 AAC 90.021(f)(2) b) Provide cross sections, maps and plan views showing the location and dimensions of existing areas of spoil, waste, coal development waste, and non-coal waste disposal; dams, embankments, other impoundment's; and water treatment and air pollution control facilities within the proposed permit area. 11 AAC 90.065(9) c) Identify and describe each existing structure proposed to be used in connection with the operation. Include its location, design, current condition and construction dates. Provide a showing of whether the structure meets applicable performance standard requirements. 11 AAC 90.073(a) d) Provide a compliance plan for each existing structure to be modified or reconstructed for use in connection with the operation. Include design specifications, a construction
Permit Application to Conduct Surface Coal Mining Rev. 2002

Part C Chapter XII N/A N/A N/A N/A N/A

N/A

N/A

10

schedule, provisions for monitoring the structure, and a showing that risk of harm to the environment or to public health and safety is not significant. 11 AAC 90.073(b) D3) COAL TRANSPORTATION AND HANDLING Section 8.0

a) Describe the construction, modification, use, maintenance and removal of structures and facilities for coal removal, handling, storage, cleaning and transportation. 11 AAC 90.071(2)(c) b) Provide maps and plans and cross-sections where appropriate, showing each coal storage, cleaning and loading area. 11 AAC 90.077(b)(4) D4) BUILDINGS, ROADS AND OTHER FACILITIES

Section 8.0

a) Describe construction, modification, use maintenance and removal of mine facilities 11 AAC 90.071(2)(E) and 11 AAC 90.83(b)(12) b) Provide maps and plans and cross-sections where appropriate, showing buildings, utility corridors and other facilities to be used. 11 AAC 90.077(b)(1)

Sections 9.0, 10.0, & 13.0 Section 10.0

c) Describe each road, conveyor or rail system to be constructed, used or maintained within Section 9.0 the proposed permit area. Include a map, appropriate cross sections and specifications for each road width, road gradient, road surface, road cut, fill embankment, culvert, bridge, drainage ditch and drainage structure. 11 AAC 90.097. D5) BLASTING PLAN Section 6.0

a) Provide a plan describing blasting operations. Include a description of types and amounts of explosives, procedures for recording and retention of blasting information, blasting warning and access control procedures, blast monitoring, preblasting surveys and procedures for unscheduled blasts 11 AAC 90.075 b) Provide a map showing the location of each explosive storage and handling facility. 11 AAC 90.077(b)(10) D6) AIR POLLUTION CONTROL PLAN

Section 3.0 Plate 3-1

a) Provide a plan showing how all surface areas will be stabilized and protected to comply with applicable federal and state air quality regulations, including, if required by the Commissioner, an air quality monitoring program 11 AAC 90.079 b) Describe steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. Section 7401, etc, seq.) and other applicable air quality laws and regulations.11 AAC 90.083(b)(9)

Section 16.0

Section 16.0

Permit Application to Conduct Surface Coal Mining Rev. 2002

11

c) Describe and show on a map each air pollution collection and control facility. 11 AAC 90.071(2)(F), 11 AAC 90.077(b)(7). D7) FISH AND WILDLIFE PROTECTION PLAN

Section 16.0

a) Provide a plan describing impact control measures, management techniques and monitoring methods designed to prevent or minimize disturbance and adverse impacts on fish and wildlife and related environmental values. Include threatened or endangered species, important or protected species and habitats of unusually high value for fish and wildlife. 11 AAC 90.081 b) Provide maps and plan views and cross-sections where appropriate, showing each facility to be used to protect and enhance fish and wildlife and related environmental values. 11 AAC 90.077(b)(9) D8) RECLAMATION PLAN: GENERAL REQUIREMENTS AND BONDING

Section 14.0

Section 14.0

a) Provide a plan for reclamation of the proposed permit area. Show how the applicant will comply with the performance standards in 11 AAC 90.301 -- 11 AAC 90.501. 11 AAC 90.083(a) b) Provide a detailed timetable for the completion of each major step in the reclamation plan 11 AAC 90.083(b)(1) c) Provide a detailed estimate, with supporting calculations, of the cost of the reclamation of all operations required to be covered by a performance bond. 11 AAC 90.083(b)(2) d) Provide a map, showing each area of land for which a performance bond or other equivalent guarantee will be posted. If incremental or cumulative bonding is proposed, this map should identify initial and successive bonding areas. 11 AAC 90.077(b)(3) D9) BACKFILLING AND GRADING PLAN

Section 13.0

Section 13.0

Section 13.0

Section 13.0

a) Provide cross sections, maps and plan views adequate to portray the existing land surface configuration and slopes within the area to be affected. 11 AAC 90.065(11) b) Provide a plan for backfilling, soil stabilization and grading, with contour maps or cross sections that show the anticipated final surface configuration of the proposed permit area. 11 AAC 90.083(b)(3) c) Describe measures to be employed to ensure that all coal, acid-forming and toxic-forming materials, debris and materials constituting a fire hazard are covered, treated or otherwise properly disposed of. Include a contingency plan for preventing sustained combustion. 11 AAC 90.083(b)(7)
Permit Application to Conduct Surface Coal Mining Rev. 2002

Sections 3.0 & 13.0 Sections 12.0 & 13.0

Section 12.0

12

D10)

TOPSOIL HANDLING PLAN Sections 4.0 & 13.0 Section 4.0

a) Provide a plan for removal, storage and redistribution of topsoil, subsoil and other substitute or supplemental material. 11 AAC 90.083(b)(4) b) Provide a description of topsoil handling and storage areas and structures. Include; appropriate maps, plan views and cross sections. 11 AAC 90.071(2)(B); 11 AAC 90.077(b)(5) c) Provide a soil-testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation. 11 AAC 90.083(b)(5)(H) D11) REVEGETATION PLAN

Section 13.0

a) Provide a plan for revegetation, including a revegetation schedule, species and amounts per acre of seeds and seedlings, methods of planting, seeding and mulching and any planned irrigation or pest control measures. 11 AAC 90.083(b)(5) b) Specify measures proposed to be used to determine the success of revegetation. 11 AAC 90.083(b)(5) D12) PROTECTION OF THE HYDROLOGIC BALANCE

Section 13.0

Section 13.0

a) Provide a detailed description, with appropriate maps and cross section drawings, of measures to be taken during and after the proposed operations to ensure the protection of the quality and quantity of surface and ground water, and the rights of present users. 11 AAC 90.085(b) b) Provide a plan for the control of surface and ground water drainage into; through and out of the proposed permit area. 11 AAC 90.085(c)(1) c) Provide a description with maps and plan views and cross sections where appropriate of each water diversion, collection, conveyance, 11 AAC 90.071(2)(F), 11 AAC 90.077(b)(6) d) Provide a description, including maps and cross-sections of the design, construction and removal of stream channel diversions. 11 AAC 90.083 (b)(11) e) Provide a plan for treatment of surface and ground water drainage from the area to be disturbed. Include proposed quantitative limits on pollutants in discharges. 11 AAC 90.085(c)(2) f) Provide general design information, maps, plan views, descriptions, cross sections and other information for each proposed sedimentation pond, dam embankment or impoundment. Describe construction, modification, use, maintenance and removal. Include a schedule for submission of any detailed design plans. 11 AAC 90.071(2)(A); 11 AAC 90.077(b)(11); 11 AAC 90.089(a).

Sections 11.0 & 13.0

Section 11.0

Section 11.0

Section 11.0

Section 11.0

Section 11.0

Permit Application to Conduct Surface Coal Mining Rev. 2002

13

g) Provide detailed design information for all ponds, dams, embankments or impoundments for which specific approval is requested. 11 AAC 90.089(b) h) For each structure 20 feet or higher or impounding more than 20-acre feet of water, include a stability analysis. 11 AAC 90.089(d) i) Provide a plan for the collection, recording and reporting of ground and surface water quality and quantity data. 11 AAC 90.085(c)(5) j) Provide a plan for the restoration of the approximate recharge capacity of the permit area and adjacent area. 11 AAC 90.085(c)(3) k) Provide a description including appropriate cross sections and maps, of measures to be used to plug, case or manage exploration holes, other bore holes, wells and other openings within the proposed permit area. 11 AAC 90.083(b)(8) l) Provide a determination of the probable hydrologic consequences of the operation on the proposed permit area and adjacent area with respect to the hydrologic regime and the quantity and quality of water in surface and ground water systems under all seasonal conditions. 11 AAC 90.085(a) m) Describe steps to be taken to comply with the Clean Water Act and other applicable water quality laws and regulations. 11 AAC 90.083(b)(9) D13) POST MINING LAND USE

Section 11.0

Section 11.0

Section 15.0

Section 15.0

Section 15.0

Section 15.0

Section 15.0

a) Provide a detailed description of the proposed use, following reclamation of the land to be affected. Include a discussion of how this use is to be achieved and the utility and capacity of the reclaimed land to support a variety of alternative uses. 11 AAC 90.087(a) b) If the proposed post mining land use differs from the pre-mining land use, attached all documentation needed to satisfy applicable criteria contained in 11 AAC 90.481, 11 AAC 90.087(a) c) Describe the relationship of the proposed land use to applicable state and local land use policies and plans, and to surface owner plans. Include comments concerning the proposed use by the legal or equitable surface owner and the appropriate state and local government agencies. 11 AAC 90.087(b) D14) PROTECTION OF PUBLIC PARKS AND HISTORIC PLACES

Section 13.0

N/A

Section 13.0

a) Describe measures to be used to prevent or minimize impacts to any public park or historic place that may be adversely affected by the proposed operations. 11 AAC 90.091
Permit Application to Conduct Surface Coal Mining Rev. 2002

Section 17.0

14

D15)

EXCESS SPOIL AND UNDERGROUND DEVELOPMENT WASTE N/A

a) Describe the design, construction, operation, maintenance and removal if appropriate of all excess spoil or mine development waste disposal areas and structures. 11 AAC 90.071(2)(D); 11 AAC 90.095(a) b) Provide appropriate maps, plan views and cross sections drawings illustrating the proposed disposal site and the design of the spoil disposal structures. 11 AAC 90.077(b)(11); 11 AAC 90.095(a) c) Provide the results of a geotechnical investigation of the proposed disposal site. Include bedrock characteristics, a survey of springs and seeps, an analysis of potential effects of underground mine subsidence, a geotechnical description of rock materials to be used in any rock chimney cores or drainage blankets and a stability analysis of the fill. 11 AAC 90.095(b) d) Provide engineering specifications utilized to design any rock-toe buttress or key-way cuts. Include the number, location and depth of borings or test pits. 11 AAC 90.095(c) D16) HAZARDOUS COAL PROCESSING WASTE

N/A

N/A

N/A

a) Describe the design, construction, modification, use, maintenance and removal of any hazardous coal processing waste disposal areas and structures. Explain how the structure complies with 11 AAC 90.391; 11 AAC 90.409; 11 AAC 90.071(2)(D) b) Provide maps and plan views, and cross sections where appropriate of each hazardous coal processing waste storage area, disposal area, dam or embankment. 11 AAC 90.077(b)(11) c) Provide maps, plan views and cross sections as appropriate to illustrate the sources of the coal processing waste. 11 AAC 90.077(b)(8) d) For each hazardous coal processing waste dam or embankment, provide the results of a geotechnical investigation of the foundation area to determine structural competence of the foundation to support the dam or embankment and the impounded material. 11 AAC 90.089(c) e) Describe the design, operation, and maintenance of any proposed facility to return hazardous coal processing waste to underground workings, including flow diagrams and appropriate drawings and maps. 11 AAC 90.099 D17) NON-COAL WASTE

N/A

N/A

N/A

N/A

N/A

a) Describe and illustrate using appropriate maps, plan views and cross sections, the
Permit Application to Conduct Surface Coal Mining Rev. 2002

Section 10.0
15

removal handling, storage and disposal of non-coal wastes. 11 AAC 90.071(2)(D) 11 AAC 90.077(b)(5) D18) UNDERGROUND MINING: SUBSIDENCE CONTROL PLAN N/A

a) Provide the results of a survey, which shows whether structures of renewable resource lands exist within the proposed permit and adjacent area, and a determination as to whether subsidence may cause material damage or affect the use of the structures or resources. 11 AAC 90.101(a) b) If the subsidence may cause material damage or affect the use of structures or renewable resources, describe methods of operation which may affect subsidence, measures to be taken to prevent or reduce damage due to subsidence, a subsidence monitoring plan (including the location of subsidence monitoring points), and measures to determine the degree of damage or diminution of value or use. 11 AAC 90.077(c)(2); 11 AAC 90.101(c) D19) UNDERGROUND MINING: RECLAMATION

N/A

a) Provide a description, including appropriate cross sections, drawings and maps of measures to be used to seal or manage mine openings. Include a detailed description of permanent entry seals and down-slope barriers designed to ensure stability under anticipated hydraulic heads developed while promoting mine inundation after mine closure. 11 AAC 90.083(b)(8); 11 AAC 90.085(d) b) Provide maps, plan views and cross sections illustrating the anticipated final surface configurations and profile to be achieved for the affected area, including the locations of each permanent facility. 11 AAC 90.077(c) c) If operations are planned closer than 500 feet to an active or abandoned underground mine, describe measures to be used to comply with 11 AAC 90.393, 11 AAC 90.083(b)(10) PART E: SPECIAL CATEGORIES OF MINING 1) Does the proposed operation include: Mountaintop removal? Steep Slope Mining? Alluvial Valley Floors? In Situ Processing? Experimental Practices?

N/A

N/A

N/A

Yes___No X Yes___No X Yes___No X Yes___No X Yes___No X

Permit Application to Conduct Surface Coal Mining Rev. 2002

16

Important Farmlands? 2) Are you requesting a variance: From contour restoration requirements for steep slopes? For combined surface and underground mining? 3) If any part of Part E 1 or 2 was answered "yes" provide documentation addressing relevant requirements of 11 AAC 90.141 -- 11 AAC 90.157 4) Will facilities such as roads, transportation, support facilities, and utility installations be constructed outside the permit area?

Yes___No X

Yes___No X Yes___No X N/A

Yes

5) If number four above, was answered "yes" either attach a finding by the Commissioner Part E Section that a permit is not required or provide information addressing the requirements of 11 AAC 1.0 90.155.

The applicant, being first duly sworn, states to the best of his knowledge and belief that all statements and representations made in this application are true and correct.

Applicant's Name Address Applicant's Signature Subscribed and sworn before me by 20____. Notary Public

Title

. .

Date ___________this the

. day of_________,

My commission expires

.

Note: Attach a copy of power of attorney, or resolution of Board of Directors that grants signature authority)

Permit Application to Conduct Surface Coal Mining Rev. 2002

17

CORPORATE RESOLUTION OF USIBELLI COAL MINE, INC

A-16

WBH 2011 Update

EXHIBIT B OWNERS AND LEASEHOLDERS OF RECORD FOR PERMIT NUMBER 02-89-796 SURFACE ESTATE WITHIN THE PERMIT AREA Owners of Record Matanuska Susitna Borough 350 East Dahlia Ave. Palmer, Alaska 99645-6488 Usibelli Coal Mine, Inc. P.O. Box 1000 Healy, Alaska 99743-1000 Leaseholders Usibelli Coal Mine, Inc. P.O. Box 1000 Healy, Alaska 99743-1000 SUBSURFACE (MINERAL) ESTATE WITHIN THE PERMIT AREA Owners of Record State of Alaska Department of Natural Resources Division of Mining, Land and Water 550 West 7th Avenue, Suite 1050A Anchorage, Alaska 99501-3579 U.S. Department of Interior Bureau of Land Management % Anchorage Field Office 6881 Abbot Loop Road Anchorage, Alaska 99507 Leaseholders None

A-17

WBH 2009 Update

EXHIBIT A-2 SURFACE AND MINERAL OWNERSHIP MAP FOR PERMIT NUMBER 02-89-796

A-19

WBH 2009 Update