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<br />Legal, Financial and Compliance Information - Rule 2.03 <br />Rule 2.03.6(1) requires a description of the documents upon which the <br />applicant bases his legal right to enter and begin surface mining <br />operations. It appears from the Surface and Minerals Ownership Map that <br />coal to be mined in the proposed pit 8 is owned by the Federal <br />Government. No Federal lease documentation is provided in the <br />application. The applicant must provide proof of legal rights to federal <br />coal in the permit area, or revise the mine plan to exclude mining of <br />federal coal during the permit term <br />II. Land Use - Rules 2.04.3, 2.05.5 and 4.16 <br />The landowner has specifically requested that haul roads be left in place <br />to allow better access, sediment ponds be left as stock ponds, and <br />revegetation be limited to herbaceous forage species. <br />As discussed under Wildlife and Surface Water sections of this letter, <br />the stock pond and revegetation issues have not yet been resolved. The <br />suitability of haul roads for the post-mining land use has not been fully <br />evaluated by the Division. <br />IV. Geology - Rules 2.04.5 and 2.04.6(1) <br />Rules 2.U4.6(1)(C)(D) and (E) require physical and chemical analyses of <br />each overburden and interburden stratum and the stratum immediately below <br />the lowest coal seam to be mined and chemical analyses of each coal seam <br />in order to identify potentially toxic forming horizons which might <br />impact revegetation or surface or ground water quality, and necessitate <br />special handling. <br />The overburden analyses in the application are limited to composite <br />samples from one exposed pit wall. Chemical and physical (textural) <br />analyses must be provided for each stratum dowry to and including the <br />lowest coal seam to be mined. The analyses should be performed on the <br />core material from at least one representative drill hole in the area to <br />be disturbed at Pit 4 and at Pits 7 and 8. <br />The analyses must include all of the parameters indicated in Attachment 1 <br />of this letter. <br />V. ~drolo9ic Balance: Surface Water - Rules 2.04.5, 2.04.7 <br />o n[ ~~ n ~ ,..a n n[ <br />Rule 2.05.3(4) Ponds, Impoundments and Diversions <br />The Division has identified a number of concerns with respect to existing <br />and proposed sediment ponds at Grassy Creek. <br />Permanent Impoundments <br />The landowner has requested and the applicant has proposed to retain all <br />sediment ponds for use as stock watering ponds 'Following final <br />reclamation. <br />