2019-09-09_GENERAL DOCUMENTS - C2010088

Home Browse Search

Page 9 of 73 • COLORADO DISCHARGE PERMIT SYSTEM (CDPS) STORMWATER CONSTRUCTION PERMIT. • UPDATED AND COMPLETE MESA COUNTY MAJOR SITE PLAN WITH DOCUMENTATION THAT ALL CONDITIONS OF THE MESA COUNTY PERMIT ARE COMPLIED WITH. • ANY OTHER PERMIT THAT MY BE REQUIRED FOR CONSTRUCTION AND OPERATION OF THE FRUITA LOADOUT FACILITY. Permit Variances and Specific Approvals With the issuance of the Fruita Loadout permit, the Division has approved a variance under Rule 4.05.18 (stream buffer zones)to allow surface or underground mining activities within 100 feet of a perennial stream. This decision is based on a finding that the water quality and quantity shall not be adversely affected. The stream buffer zone variance is granted for several areas located along the Reed Wash and the Loma Drain, both perennial streams. Discussion in the Fruita Loadout permit regarding stream buffer zones is located in Section 2.05.3(4). The Fruita Loadout permit does not include a variance under Rules 2.06.2 (experimental practices), 2.06.3 (mountaintop removal), 2.06.5 (AOC for steep slope mining) and 2.06.7 (contemporaneous reclamation for combined surface and underground mining operations). Bonding SummarX A compiled reclamation cost estimate was developed by the Division as a part of the Fruita Loadout permit renewal process. The Division's reclamation costs have been updated since that date. A summary of those costs in addition to any revisions adjustments have been completed as part of this Midterm No. 2 Review. As of September 5, 2019 the Division estimates liability at the Fruita Loadout is $1,618,791.00 (see attached cost estimate). This amount is sufficient to assure completion of the reclamation work at the site per the approved reclamation plan within the Fruita Loadout permit. This includes the cost of re-establishing vegetation on any failed revegetated areas and the reconstruction of the Reed Wash. The permittee currently has on deposit with the Division a Corporate Surety in the amount of$10,000.00. CAM was approved through Technical Revision No. 3(TR-3) to use incremental bonding at the Fruita Loadout in accordance with Rules 3.02.1(5)(b) and (6) and requested a bond reduction in accordance with Rule 3.02.2(5). Pursuant to Rule 3.02.2(3), TR-3 allowed the operator to post the minimum statutorily required bond of $1000.00. CAM will post the appropriate bond for the disturbance increment a minimum of 30 days prior to the initiation of any disturbance at the site. The bond liability at the Fruita Loadout will remain at$1,618,791.00. Midterm Adequacy Questions The Division requests that the permittee submit revised permit pages under appropriate revision applications if needed.