2016-12-13_REVISION - C1996083 (125)

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• Support facilities, Section 4.04: The application fails to provide information showing how the specific on-site "DAXIOM Plant" will prevent damage to fish, wildlife, and related environmental values, control and minimize diminution or degradation of water quality and quantity, control and minimize erosion and siltation, control and minimize air pollution, and prevent damage to public or private property in the area. • Sediment control measures, Section 4.05.5: The application provides no information demonstrating how appropriate sediment control measures will be designed, constructed, and maintained using the best technology currently available to ensure the specific "DAXION Plant" will be constructed, operated, maintained, and reclaimed to ensure that there is no contributions of sediment to streamflow or to runoff outside of the permit area and to minimize erosion as necessary. • Disposal of noncoal waste, Section 4.11.4: The application discusses utilizing coal mine waste, which presumably includes noncoal waste, yet provides no information to demonstrate that the standards under Section 4.11.4 will be met. • Contemporaneous reclamation, Section 4.13: The application fails to demonstrate how reclamation of the "DAXIOM Plant" and associated mining operations will occur as expeditiously as practicable. • Air resources protection, Section 4.17: The application provides no information demonstrating how operation and reclamation of the "DAXIOM Plant" on the permit area will control erosion and attendant air pollution and conduct operations in such a manner as to comply with state and federal air quality statutes and regulations. • Protection of fish, wildlife, and related environmental values, Section 4.18: The application provides no information demonstrating how operation and reclamation of the "DAXIOM Plant" will protect fish, wildlife, and related environmental values, ensure that no threatened or endangered species are jeopardized, or adversely modify critical habitat of threatened or endangered species. Overall, Bowie Resources appears to have provided no information at all indicating how its operation and reclamation of the "DAXIOM Plant" will comply with applicable Performance Standards. This indicates that DRMS cannot approve the Technical Revision as proposed. 3. It Appears that a Mining Plan Modification and Other Federal Land and Mineral Use Approvals Would be Required for the Proposed Revision DRMS has indicated to OSMRE that the proposed revision does not trigger the need for a mining plan modification in accordance with 30 C.F.R. § 746.18. See letter of J. Musick, DRMS to A. Boehms, OSM (Nov. 23, 2016) ("The Division has interpreted 30 CFR 746.18 and has