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,r <br /> <br />4 <br />resolve this discrepancy. Should the pond be removed the <br />operator may want to discuss with the Division grading of <br />the East side of the pond in the event of phase II bond <br />release. (Rule 2.05.3(4)) If permanenet retention of the <br />pond is proposed, the requirements of rule 4.05.9(1) will <br />need to be addressed. <br />15) Rules 2.05.6(2) and 2.05.6(3) require the applicant to <br />address mitigation measures in respect to fish and <br />wildlife and the protection of the hydrologic balance. <br />Please include this information in the application to <br />comply with these regulations. <br />16) As agreed upon in the March 25, 1992 between American <br />Shield and the Mined Land Reclamation Board, stability of <br />the highwall remaining at the Fruita #1 bench shall be <br />documented using appropriate geotechnical analysis. Rule <br />4.27.3(3) also describes the minimum acceptable static <br />factor of safety. Baseline stability analysis may be <br />found in the Dorchester Coal Company interim permit #79- <br />60/UG/C. A follow up survey using appropriate techniques <br />should be performed and included with the permit <br />application. <br />Baseline data may be available in the interim permit issued to <br />Dorchester Coal Company file #79-60/UG/C. This information may aid <br />American Shield in providing baseline data requested by the <br />Division. Appropriate follow up data should be included too where <br />necessary. If these adequacy concerns need clarification or <br />discussion please contact me. <br />Sincerely, <br />Janet I Bi ns <br />Reclam t' Specialist <br />C:\wp51\Fruita.par <br />