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The Truck Loop Pond and the Rail Loop Pond have been approved to remain as permanent <br /> structures. HGT will retain access to these ponds for required sampling as required by the active <br /> CDPHE discharge permit. The sediment ponds are no longer a part of the DRMS monitoring <br /> program. The ponds do not expose groundwater and are designed for the control of surface runoff. <br /> No water rights or augmentation plan are associated with these ponds. The pond banks appear <br /> stable and are well vegetated. <br /> Precipitation averages approximately 16 inches annually in the permit area and the volume of <br /> runoff is limited. Most runoff comes from snowmelt or intense thunderstorm events. Flows in <br /> Dry Creek have ranged from 0 to 126 cfs (cubic feet per second)upstream of the Loadout to from <br /> 0 to 225 cfs downstream. The two sediment ponds handle runoff at the loadout: the Truck Loop <br /> Pond usually discharges during spring snowmelt; the Rail Loop Pond has rarely discharged. <br /> Topsoil piles designated to reclaim the ponds will be left in place. The piles are stable, well <br /> vegetated and blend into the surrounding topography. <br /> The lands surrounding and within the rail loop have established grasses and shrubs. Pasturelands <br /> that were disturbed during construction of the Loadout have been revegetated to intermediate <br /> wheatgrass, crested wheatgrass, western wheatgrass, slender wheatgrass, Russian wildrye, <br /> timothy, alfalfa, and yellow sweet clover. Undisturbed native rangelands are dominated by <br /> sagebrush, greasewood, and rubber rabbit brush communities. These latter plant species tend to <br /> be adapted to alkaline soils. Land uses in the permit area and surrounding area are primarily <br /> agricultural, rangeland, residential, industrial (a regional airport and Routt County maintenance <br /> facility), and wildlife habitat. Land is farmed along the north margin of the former rail loop with <br /> winter wheat being the primary crop. Deer, pronghorn, fox, and sandhill crane are often seen at <br /> the site during inspections by the Division. <br /> PHASE III <br /> Rule 3.03.1(2)(c) states that the final portion of performance bond, "shall be released when the <br /> permittee has successfully completed all surface coal mining reclamation operations in accordance <br /> with this approved reclamation plan,and the final inspection procedures of 3.03.2 have been satisfied. <br /> This shall not be before the expiration of the period specified for revegetation responsibility in 3.02.3." <br /> Rule 3.03.1(4) states, " No bond shall be fully released until all reclamation requirements of these <br /> Rules and the Act are fully met...". The same rule goes on to state, " No acreage shall be released <br /> from the permit area until all surface coal mining and reclamation operations on that acreage have <br /> been completed in accordance with the approved reclamation plan." <br /> Summary and Conclusions <br /> The post-mining land use designation for the entirety of the SL-2 proposed bond release acres is <br /> recreational use. Based upon a review of the mine permit, the applicant's bond release application, <br /> and site inspections,the Division finds that HGT has successfully completed all surface coal mining <br /> reclamation operations in accordance with the approved reclamation plan and met all requirements of <br /> the Act and the Rules. <br /> 5 <br />