2016-05-05_REVISION - C1981008 - Laserfiche WebLink

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Name of Addressee Page 2 April 5, 2016 performance bond shall continue until the entire reclamation plan required under the Act, these Rules, and the provisions of the permit have been completed, and until the permittee is released from any further liability pursuant to 3.03.” “It also states that these farms were going to be reclaimed and bond release given in a timely manner.” The Division can enforce contemporaneous reclamation as outlined in Rule 4.13 and WFC has reclaimed the land in a contemporaneous manner after mining operations. The land has also met the 10-year liability period in many areas as required by Rule 3.02.3(2)(b). After the 10-year liability period, the Division does not have any authority to tell the operator when to apply for bond release. That decision is made by WFC. “These haul roads that are East of 27 road are not really disturbed areas even though the definition of a disturbed area classifies it as such. Some of these roads did not even have the top soil removed and the road was placed on the existing vegetation.” The New Horizon permit (C-1981-008) describes how all haul roads will be constructed on page 2.05.3(3)-20. It states that “all vegetation material and topsoil … will be removed from beneath the design roadbed…” The definition of disturbance (Rule 1.04(36)) states in part “means an area where vegetation, topsoil, or overburden is removed…” The operator did remove the topsoil before the haul road was constructed and stored it in a stockpile. Rule 1.04(36) goes on to clarify that areas where topsoil has been removed is classified as disturbed. By this definition and the requirement of the permit, the haul road is considered a disturbance. “”OR”, so all the haul roads have been reclaimed and it does not say it has to follow rule 3, it says “OR.”” Haul roads are not exempt from Rule 3. Rule 1.04(36) states “those areas are classified as disturbed until reclamation is complete and the performance bond or other assurance of performance required by Rule 3 is released.” This rule requires two actions by the operator: the first is reclamation must be completed. As you noted, the haul roads have been completely reclaimed to pre-mine status. The second action is a performance bond (or other assurance of performance) required by Rule 3 is released. A bond for the haul road has been posted to the Division by WFC, but has not been released yet. The Division cannot release bond for a disturbance until the requirements of Rule 3 have been achieved (Rule 3.02.1(4)). “In all bond performance applications, permit applications, reclamation plan applications, revision applications, and minor revisions, there is no mention that after phase three bond release on a farmers property that he will have to wait an additional ten years plus to get his property back.”