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<br />XIII Prime Farmland (2.04.12, 2.06.6, 4.25) <br />The Division has made a negative determination for the presence of prime farmlands <br />within the proposed permit area. The decision was based on the evidence provided <br />by the Soil Conservation Service that there are no prime farmland mapping units <br />within the proposed permit area. The proposed operation is in compliance. <br />(2.07.6(2)(k)). <br />XIV Operations Description (2.05.2, 2.05.3(1), 2.05.3(2), 4.01) <br />The proposed operation is in compliance, no problems or issues pertaining to this <br />section were raised during the review. <br />XV Explosives (2.05.3(6) <br />The following concern was identified in the review but has been satisfactorily <br />resolved. <br />The proposed blasting record submitted by Kerr Coal lacked certain information <br />items that are required under Section 4.08. Xerr Coal resolved the problem by <br />revising and resubmitting a new proposed blasting record (see Exhibit 31a). The <br />proposed operation is now in compliance. <br />XVI Backfilling and Grading (2.05.3(b), 2.05.)(9), 2. 05.4(2)(a), 2.05.4(2)(c), <br />4.09, 4.13, 4.14) <br />The following concerns were identified in the review but, with the acceptance by <br />Xerr Coal of one stipulation, have been satisfactorily resolved. <br />Kerr Coal was required to revise their postmining topography to reduce slopes <br />which were in excess of premining slopes and to include topographic maps with <br />smaller contour intervals. Postmining topography is now acceptable. <br />There was disagreement between Kerr Coal and MLRD on whether the existing over- <br />burden stockpile met the performance standards of Section 4.09(7). The issue <br />was mutually resolved by Kerr Coal agreeing to have the stockpile inspected and <br />certified by a Kerr Coal engineer on an annual basis until the safety factor of <br />the stockpile achieves a 1.5 or better safety factor. In addition, in the event <br />that evidence of instability is noted, Kerr Coal agreed to remedy the situation. <br />A question was raised as to why Kerr Coal needed a 2,600 foot steady state pit <br />length in Pit No. 3. Kerr satisfactorily justified the need. <br />Concern has been expressed, Zargely by the Office of Surface Mining, that the <br />projected swell factor of 24X may be inaccurate. Although this Division does <br />not fully share this concern, any inaccuracy in the projected swell factor will <br />clearly affect the applicant's ability to achieve the specified postmining topo- <br />graphy. In this regard, Kerr Coal states on page 816-124 of the application <br />that an aerial volumetric surveying program will be conducted on a bimonthly <br />basis to ensure that the mass balance of backfilled overburden is maintained as <br />described in the application. In Zight of the concern which has been expressed <br />by OSAf, it is appropriate to request that the applicant submit data from this <br />surveying program to the regulatory agency. Therefore, this Division finds <br />that the following stipulation is necessary fora finding of compliance with 4.14: <br />KERR COAL IS DIRECTED TO SUBMIT TO THIS DIVISION ON A REGULAR BASIS DATA FROM <br />_24_ <br />