2014-02-27_REVISION - C1981010 - Laserfiche WebLink

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Trapper Mining, Inc. C- 1981 -010; PR7 Adequacy Review No. 2 Page 7 of 15 17. In accordance with Rule 2.103 (j); the permit application shall include maps showing the existing topography- within the area to be affected during the estimate life of the operation and adjacent lands. The M3 series maps depict the Pre- Mining Topography- of the site. Map M3 Sheet 5 depicts the eastern portion of the site but does not depict the area adjacent to the current permit area to the East. This area encompasses the proposed permit boundary expansion area. Please submit a new M3 series map that depicts the existing topography- of the expansion area and the adjacent lands. a. Trapper's Response: Tlse o°iginall M3 Pre- Mining Topograpls� maps (slseets l -5) were developed ons sepia molars before electronic mapping was introduced. Trapper has re- generated these topographies and the associated infonnatious provided ons the originals to a ne«, three sllseet format (M3; sllseets L 2, & 3) tlsat includes the proposed permit bowidary expansions areas to the east of the current permit bomdar . Tlse neiv M3 maps are s6vilar to the other 400 scale mine maps. b. Division's Response: This item is resolved. 2.04.12; Prime Farmland Investigation 18. Rule 2.04.12 indicates that the applicant shall conduct a pre - application investigation of the proposed permit area to determine whether land within the area may be prime farmland. Was a pre- application investigation completed for the expansion area? If not, please conduct a prime farmland investigation for the expansion area. a. Trapper's Response: Trapper utilized the NRCS Web Soil Survey to investigate prime farmland sod types and distributions. No p ime fa nnllaM is conitained ivitlsin the proposed expansions area. Specific soil types as nsoted by the N 2CS to be eligible for p ime fa nnlaM are usot present. Tlse current permit discussions is applicable to the ezpamions area. b. Division's Response: This item is resolved. 1.3.1.1 Lands Controlled by Trapper Mining: 19. Rule 2.03.6(1) requires that each application contain a description of the documents upon which the applicant bases his or her legal right to enter and begin surface coal mining operations in the permit area, and a statement as to whether that right is the subject of pending litigation. A review of the warranty deeds and surface leases in section 1.3. 1.1 of the permit was conducted. It does not appear a description of the documentation the applicant has to legally enter all of the lands in the expansion area has been submitted. It does not appear all of the expansion area in Section 33 of Township 5 North and 90 West is covered under the warranty, deed. It is unknown if the lots described in the warranty deed for Sections 4 and 8 of Township 5 North and Range 90 West cover the expansion permit area. The expansion area in section 9 of Township 5 North and 90 West does not appear to be covered in any of the descriptions in section 13.1.1 in the permit. Please update this permit section accordinglN,. a. Trapper's Response: Warranty deed 6ifonnations for the neiv areas included in the permit expansions area is added. Eniclosed permit page 1 -25 is revised and neiv pages 1 -25a tllirougls 1 -25c (enclosed) are added to accommodate the neiv legal descriptions, hi additions, enclosed Table of Conitenits page i- l is revised to incorporate the neiv pages added to Sections 1.3.1.1. b. Division's Response: The Division reviewed the updated information, and the expansion area in section 9 of Township 5 North and Range 90 West does not appear to be covered in any of the descriptions in section 1.3. 1.1 in the permit or in the submitted revised pages. Through an e -mail on February 6, 2014, Trapper submitted a revised page 1 -25 with a corrected description of the 416 Warranty, Deed that covers the area in the section in question. This item is considered resolved.