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inch irrigation water pipe and easement that goes to the property they are currently <br />living. This water line supplies water for irrigation. Refer to explanation 1-A for <br />further explanation. <br />d. Flow meter protection from wild life and livestock. Explanation: The flow meters are <br />currently have no protection from wild life and livestock, who has a tendency to rub on <br />them which end up damaging the flow meters. <br />2. Pond: <br />a. Have not receive notifications to have the pond released back to land owners. <br />Explanation: We would like to receive documentation that pond #8 will be released back <br />to Burbridge's for the watering of livestock. Prior to mining agreement Burbridge's had <br />three ponds to water their livestock. It was a verbal agreement with Ward E. Burbridge <br />that one pond would meet their livestock needs. Without the pond, would mean hauling <br />water to livestock when water wells do not work. <br />3. Fencing: <br />a. Assurance the fence will be put in according to original contract. Explanation: Would <br />like assurance that fencing of Burbridge's property will be replaced according to contract <br />or will the Burbridge's have to replace it at their own expense. <br />All issues raised by Mr. Burbridge were adequately and sufficiently addressed by ERMR. <br />ERMR provided letters from the landowners in the bond release area stating that they do not have <br />objections to the SL -19 Phase III bond release. Signed letters were received from the following <br />landowners: Michael and Jo Ann Moore, Lester Goforth, Elmer and Carolyn Burbridge, and Melvin and <br />Lea Ann Staats. The letters are included in Attachment B of this document. <br />A hydrology assessment was completed for the requested bond release area which was included in the SL - <br />19 application. The surface water within the proposed release is all within the Calamity Draw Drainage. <br />The analysis provided shows no significant increases in TDS to Calamity Draw. No surface seeps or <br />springs have been reported within the release area. The groundwater intervals monitored include the <br />overburden, Dakota Coal, and underburden. The overburden does not appear to have been adversely <br />affected by mining activities. The Dakota Coal and underburden intervals show increased TDS, sulfate, <br />and other salts as compared to pre -mining levels. These impacts from mining were listed within the <br />probable hydrologic consequences section of the permit and will persist. The required hydrologic <br />demonstration has been provided for this bond release. <br />VI. Summary and Conclusions <br />Based upon a review of the mine permit, the applicant's bond release application, and site inspections, the <br />Division finds that the 23.7 Phase II acres and 272.0 Phase III acres subject to SL -19, ERMR has <br />completed vegetation establishment sufficient to achieve the approved post -mining land uses and has <br />achieved vegetative cover reestablishment in accordance with the approved reclamation plan. <br />During the review of the SL -19 application, the number of acres reported to be Phase I, II and III bond <br />released were not consistent between the Annual Reclamation Report, the Division's Permit System and <br />various maps. Data was gathered from all the findings documents, revision decision forms dating back to <br />New Horizon Mine SL -19 <br />Page 11 <br />