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Kathy Welt <br />Page 3 <br />May 3, 2016 <br />Rule 2.05.6 - Mitieation of the Imaacts of Minine Operations <br />10. Exhibit 38 gives Threatened and Endangered Species that have the potential to be impacted by <br />the West Elk mine, in accordance with Rules 2.04. 11(4) and 2.05. 6(2). The Federal and State <br />listed species of concern may have changed since the exhibit was last updated. To find the most <br />up to date lists, please reference the USFWS and Colorado CPW websites. <br />Please update the species lists in Exhibit 38, and discuss potential impacts. <br />Rule 2.10 — Maps and Plans <br />11. The area enclosed by the permit boundary is given on the RN -07 application form as <br />17,154.9 Acres. In an attempt to verify this value, Map 01 was georeferenced by PLSS <br />section lines and the permit boundary digitized from that image; the area calculated <br />was 17,015 Acres. This example is typical of the difficulties inherent in verifying <br />boundary locations and the acreage of specific areas from paper maps, particularly <br />where those boundaries and areas do not conform to physical features. <br />Currently the rules do not require that operators submit any geospatial data in a digital <br />format (although, text in the recent draft Stream Protection Rule put out for public <br />comment by the Office of Surface Mining Reclamation and Enforcement suggests that <br />this may be required in the future). This is the subject of frequent discussion within the <br />Division, and your input would be welcomed. <br />Would MCC consider submitting digital files to the Division in order to accurately <br />describe, for example, the permit boundary; the disturbance boundary; bond release <br />parcels; any other non-physical features required to be displayed on maps? <br />Stipulations <br />12. Currently the Division's records indicate three active stipulations on the West Elk permit <br />(ST 3-1, ST 7-1 and ST 76-1). The first of these has to do with mine closure; the third is an <br />ongoing requirement to inform DWR of all new survey monuments; but the second is a <br />requirement to install tilt meters downslope from the toe of the upper waste pile. For <br />clarity the narrative is as follows: <br />THE DIVISION DIRECTS MOUNTAIN COAL COMPANY, PRIOR TO ANY <br />DISTURBANCE AT THE UPPER WASTE SITE TO INSTALL SEVERAL ELECTRONIC TILT <br />METER TUBES DOWNSLOPE FROM THE TOE OF THE PROPOSED WASTE <br />STRUCTURE. THESE TILT METER INSTALLATIONS SHALL BE INSTALLED AS <br />SPECIFIED IN MCC'S AUGUST 15, 1995 SUBMITTAL. ONE INDICATOR SHALL BE <br />INSTALLED WITHIN 160 FEET OF THE TOE OF THE WASTE PILE CURRENTLY HALF <br />WAY BETWEEN MONUMENTS 51 AND 54. THE SECOND SHALL BE LISTED <br />APPROPRIATELY 100 FEET NORTHEAST OF MONUMENT S2, 160 FEET NORTH OF <br />TOES OF THE WASTE PILE, AS INDICATED ON DRAWING NO. MG -R C-001, <br />INCLUDED IN THE PERMIT REVISION NO. 6 APPLICATION. DURING THE <br />INSTALLATIONS OF THESE TILT METER TUBES, THE OPERATOR SHALL AUGER <br />AND LOG THE SUPERFICIAL AND BEDROCK STRATIGRAPHY ENCOUNTERED. <br />