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<br /> <br />a~ag6 6 <br />Adequacy Review N78-252 <br /> <br />X1 Addendum for Compliance with OSH Interim Regulations 30 CFR 715 <br />Overall, the Federal requirements in the $0 CFR 715 regulatfons have <br />been inadequately addressed In Che applleatlon. In many places where <br />Items were cross-referenced back to the state exhibits in the appll- <br />eatlon, the exhibit did not adequately address the regulation. <br />Specific comments on deflclenees follow below: <br />(1) 715.13 - Post-t1lning Use of Land <br />In reading the application It appears that land use wl.ll change from a <br />rangeland pre-mining use to a pasture and Irr(gated cropland (agri- <br />cultural) post-ininingaeee. Decause this Is a change In land pse as <br />defined in land use categories In 715.13(c), part 715.13(d), criteria <br />fpo approving alternate post-minln' use of land should be addressed. <br />(2) 715.14 a - Slope Meaearements <br />See comments In Exhlblt C <br />(3) 715.14c and 716.3 - Mountlan Top Removal <br />Although not clearly stated I.n the application, Jrt would appear that the <br />~.w; ~ applicant desires a variance from the backfilling and grading require- <br />nts of sections 715.14 (b) and (h) because of the special performance <br />. f tandardsdequlrements of mountain top removal. While the reclamation . <br />plan map shows evidence of mountain top removal as .part of the pro- <br />posed plan, it Is the staff's Judgement at the present time that thlst•. <br />operation would not be eligible for variance from approximate original <br />countours because: <br />(a) Final slopes given In Exhlblt E are In excess of the 5h:lu re- <br />quirements of section 716.3. <br />(b) Highwalls are planned to ba left as part of the plan. <br />We suggest that the applicant reread sections 715.14 (c) and 716.3 of <br />the Federal regulations. If theapp(lllcant still desires variance <br />under the mountain top removal provision, more evidence of support <br />should be presented to show confoanance with the special provisions. <br />(4) 715.14(I(e)and (h) Final Graded Slope .and Thick Overburden <br />If the provisions of mountain.top removal ean.not be meet than 5,. •.. <br />715.14(b) and (h) must be adequately addressed. <br />(5) Small depressions <br />It Is not clear in the appllCatlorl_ if small depressions will be left <br />as part of the post-mining grading and if so where these depressions <br />will be located. <br />(6) 715.14 0) Permanent Impoupdments <br />It Is not clear in the applleatlon If Catch basins used for sediment <br />control will ba reclaimed or be permanent features. If they are to <br />be permanent, the requirements of thls,sectlon and of 715.13 (d) end <br />715.17(10 should be addressed. <br />(7) 30 CFR 715.14 I,J,k Regarding rills and qullles, Governing waster <br />materials and grading along the contour <br />Thise sections have not been addressed In the applleatlon. <br />(8) 30 CFR 715.16 topsoil handling <br />See comments under Exhlblt D,, E and F <br />(9) 30 715.17 (b) Surface Water Monitoring <br />The applicant must provide a surEaee water monitoring program following <br />the requirements of this sect.lon <br />(to) 3~ tFR 715.17 c,d,e,f Diversions, sediment ponds, discharge structures <br />Any sediment ponds, ditches and Yikss constructed and used as part of <br />