2018-02-05_GENERAL DOCUMENTS - C1994082

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bond release under SL -3. The number of Phase III acres was revised to 275.4 during the review process. The application was deemed complete on January 24, 2017, after the Division received proof of publication of the applicant's public notice. The Division has not issued a Proposed Decision of SL -6 as of the date of this MT -5. As indicated above, in May of 2011 landslides occurred in several areas within the Yoast Mine permit boundary and within areas previously released from Phase I liability. Most of the instability was limited in extent, with three exceptions; the Pond 012 slide area, the Neck Pit area, and an area east of Pond 013. The Pond 012 area has not been approved for Phase I bond release and is included in the SL -6 application, however the Pond 013 slide area and the Neck Pit slide area had been release from Phase I liability during SL -2. In July of 2011 the Division, SPL and the Colorado Geological Survey evaluated all of the slide areas. It was determined that the best course of action for the Pond 012 area was to implement the previously approved and nearly completed remediation plan. The recommendation for the Neck Pit and Pond 013 areas was to essentially leave the slide areas in their post movement configuration with minor manipulation to facilitate drainage and ensure safety of the public and wildlife utilizing the area. The scarps of the Neck Pit and Pond 013 slides were graded to lessen the slope to ensure that the areas could be safely traversed by wildlife and humans. Also for the Neck Pit and Pond 013 slide areas, drainage channels were excavated to prevent saturation of the slide mass. The toe areas were left intact to buttress the remaining undamaged uphill blocks. Remediation work in all three areas was completed in the fall of 2011 and are a part of the SL -6 Phase I partial bond release application under review by the Division. Due to the fact that the Pond 013 and Neck Pit slide areas were unstable and required regarding, the Division required SPL to resume Phase I liability on those areas. On November 14, 2012 the Division issues a proposed decision for a Surety Increase (SI -1) at the Yoast Mine. This decision reinstated SPL's liability for backfilling, grading and drainage reestablishment on 32.7 acres of instability for the Pond 013 and the Neck Pit slide areas. The Division has not previously released SPL from Phase I bond release on the Pond 012 slide area and the current bond estimate includes estimated costs for remediation work in this area. The Pond 013, Neck Pit, and Pond 012 slide areas are part of the SL -6 Phase I bond release application under review by the Division. In summary, the Division's estimate of the cost to complete the remaining reclamation work at the site includes the liability for backfilling and regrading work that have not yet been Phase I bond released, including the additional disturbed area associated with the Pond 013 slide; topsoil redistribution on the 256.6 acres not yet Phase II released; complete reseeding of all 848.6 disturbed areas; drillhole sealing, backfilling, regarding, and reseeding of the 2002 and 2003 exploration programs (Minor Revisions 18 and 20); sealing monitoring wells, and required maintenance over the remaining liability period. Enforcement Actions Notices of Violations which were issued to the Yoast Mine permit since the last renewal (RN -3) are listed below. Violation No. CV -2011-002: FAILURE TO ENSURE THAT HAUL ROADS DO NOT CAUSE Yoast Mine -4- 02/05/2018