3. -1 "hr DEPARTMENT OF ENVIRONMENTAL PROTECTION CALIFORNIA DISTRICT MINING OFFICE $3 pen December 27, 2012 Mr. Josh Silvis . CONSOL Energy Inc. CNX Center 1000 CONSOL Energy Drive Canonsburg, PA l53 I 7-6506 RE: 2012 Annual Bailey Mine Stream Recovery Report Bailey Global Consent Order Agreement oflune l, 2008 and Amendment of September 8, 2008 Docket 086003 Dear Mr. Silvis; The California Office technical staff has completed a review of Consol's 2012 Annual Report for the streams affected by Conso1's underground mining activities at the Bailey Mine and for which remediation was required by the of June 1 1, 2008. Based upon our evaluation of the average non--f1owing stream length percentages of control streams 32604, 32606, 32619, and 32620 and the non-flowing stream length percentages of the affected streams, we have concluded that undermined of Polly Hollow, Unnamed Tributary 325] l, Unnamed Tributary 32595, the Crows Nest and Unnamed Tributary 32534 have not recovered from the effects of underground mining activities of' the Bailey Mine. I have enclosed a copy of our evaluation. refenence to Paragraph 6 of the June 2008 (1) Consol has performed various remediation efforts over the past 48 months on the affected streams. (2) The Department is unaware of any additional efforts that Consol could be required to take to remediate the affected streams. (3) The Department now requires Consol to perform compensatory mitigation or enhancement measures pursuant to Paragraph 7. The Department recognizes, that previous comespondenoe allows for work on Unnam ed Tributary 32511 to continue until May 2013; however, there have been no remediation efforts on this stream in the past 12 months. We are aware of negotiations between Consol and Mark for the purchase of all, or portions, of his property to allow for additional work. The company and landowner have indicated that these negotiations are tentative at best. We do not believe it is purposefiil to delay the determination that the affected stream has not recovered and we will not require Consol to perform any additional remediation activities to UT-3251 1 at this time. Please be advised that the Department may require the operator to file revised mining plans, or other data, to demonstrate that future underground mining operations will not result in a similar outcome to streams that are proposed to be undermined with full extraction mining. Cafirornia Technology Park, 25 Technology Drive, Coal Center, PA 15423 724.769.1100 FAX ?24.769.1102 Printed on H. 'o 3 - <