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• Rule 2.115.6161 Subsidence Survey. ~ionitorins and Contrnl Plan <br />The responses to question; 1 l ~ and 1 16 are adzquatz. Tire application is in compliar;ce wi:'.t Rulz <br />2.0.6(6). <br />Rules 2.06.1, 2.06.2, 2A6.3, 2.06.4, 2.06.5, 2.06.6 <br />117. The Dig ision disagrees that the proposed surface mining operatiun does nut quality as <br />mountaintop renro~ al mining. Please discuss why the proposed operation does not mzzt the <br />definition of °mountaintop removal" as described in Szction 3.06.3(3) of [hz Boards <br />Re~,ulations. <br />Response <br />~Q'~0""" ~ A portion of the definition for moun[aintop removal in Sec[ion 2.063(3) applies in that <br />o~rjti ~'_1 ¢ surface mined coal kill be removed from an entire coal seam or seams runninc tiuoush the <br />Qf `~ upper fraction of a mountain. ridge or hill. However. several components of the definition <br />``~A,,",t,~ C_.n~ and performance standards idzntit7zd in Rule q'6 do not apply. I_CC ~~ill reclaim the <br />-'t"' ~ X~~" suriacz mine to appmsimatz original contour rathzr than a "Iz~ el plateau or a _zntl~ rollim_ <br />~- contour ~. Also. LCC is not proposing a land use change for the area. As a rzsult of thzse <br />,~ criteria nut bung pan of the mine plan. a tindine that the operation is a °h pical° surface <br />mine with backtill to AOC is requested b) LCC. <br />Rule 2.06.3 Surface Coal dining and Reclamation Operations on Areas, or adjacent to .areas. <br />lncludinr Alluvial Vallee Floors <br />lender this section. all responses werz found adequate except as listed belo~~-. <br />1r~. Thz applicants response is adequate: however, the languasz in the response reeardins thz <br />~~- consultation with Vlr. Bayes. and the applicant's proposed constntction of a feeder diult and <br />cornmitntent to maintain the cuh'en which passes the Chacon Ditch below the access road. <br />should be placed into the permit application. <br />Response <br />6~- <br />The consultation with Mr. Bayes is provided for inclusion in Exhibit 17. Additional <br />language describing the Chacon Ditch has been aided to page 2.04-3Z in the Alternative <br />Water Supply section. and delineation of the culvert and the feeder ditch ma.' be revie~red <br />on Nlaps 3.0.3-1 and 2.0.3-3 and Exhibit 18). <br />I2$. -according to Exhibit 18. an allu~ ial s'allz~ tToor zsists both within and adjacent to the penni[ <br />~~ area. This is thz irri~_atzd stream laid deposit at the mouth of Lorencito Cam on. A portion <br />of that .-~,\'f that lizs ~~ithin thz permit area kill havz surface minin_ operations conductzd <br />• upon it namely. the mini access road (and relatzd traffic) and [he railroad spur. Pleasz <br />prop ide, in accordance tt ith Sections 3.O6.St4)ta)h i) and 4?-I of the Boards Rz~~ulations. <br />30 <br />