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C' <br />-8- <br />• <br />2.05.3(8) Page 5-22(5) this paragraph states "that records document <br />no problems with acid mine drainage in the Durango area." <br />This is in error as drainage from the Victory 1 and <br />Victory 3 portals of the Peerless mine are highly acidic. <br />Therefore the spoils and coal refuse/waste do pose a <br />potential for acid mine drainage. <br />2.05.4(2)(b) The reclamation plan is broken into.3 parts; current <br />disturbance, maximum disturbance, and the final open pit <br />area. Bonding has been calculated for each scenario, <br />however, numerous problems exist. In November 1989, the <br />Division calculated the bond to reclaim the existing site <br />at $1,125,300.00. <br />Under the worst case scenario, a pit with a 250 foot <br />highwall and an excavated volume of somewhere in excess of <br />1,000,000 cubic yards is to be left as a pond, yet no <br />justification for the pond exists other than it would be <br />beneficial to wildlife. In order for a pond of this <br />magnitude (+20 acre feet) to be left, it must be <br />demonstrated that: <br />1. Surface and ground water rights are obtained. <br />2. The ground water flow would be sufficient to fill and <br />maintain the pond year in and year out. <br />3. The underlying strata can hold the water and inflow <br />would exceed the evaporative rate. <br />4. There would not be any highwalls above the water line. <br />5. Fish and wildlife matters would have to be <br />readdressed. <br />