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-5- XXI. Bonding - Rule 2,05.4(2)9b) and Rule 3.0 AOEOUACY ISSUE Backfilltng and grading and topsoiling costs contained within the application were based on actual operating cost data at the Grassy Gap Mine. This is not acceptable. Rule 2.05.4(2)(b) requires a detailed cost estimate of reclamation to be cave red by a performance bond, with supporting calculations for the estimates. Rule 3.02.2 states: "The ,~/, amount of bond shall be sufficient to assure the completion of the V ~ reclamation plan 1f the work had to be performed by the Board, through independent contractors, to the event of forfeiture." The application must specify equipment which would be used in topsoiling and backfilling operations. Cost estimates must be based on rental rates and operating costs that would be incurred by the Division, in the event of forfeiture. Supporting calculations for the estimates must include equipment productivity calculations based on site-specific fob factors (material, slope, push or haul distance, operator, etc.). The Division reviews cost estimates using the Rental Rate Bluebook and the 0 ~~ Caterpillar Handbook. r„c~c1~J'~\ The "worst-case" reclamation scenario should be described, and it should ~ J be the basis for the cost estimates. 2. Affected acreage at Pits 1, 2, 3, 5, and 6 will have to be bonded for o~C revegetation. Acreage and cost estimates should be submitted. {~ SC(l~'D~ STIPULATION ISSUES Y V. Hvdrolouic Balance: Surface Water - Rules 2.04.5, 2.04.7, ~ n 2.05.3(4) and 4.05 ,~ d Rule 2.05.3(4) - Ponds, Impoundments and Diversions Proposed permanent impoundments, at Pits 2, 3, and 4 do not meet the requirements of Rule 4.05.9 and, due to their topographic location, is not feasible to bring them into compliance. They are not located ephemeral water courses as specified by SCS Publication 378, "Ponds° The mining method at Grassy Gap 1s such that the initial overburden excavation is along the downslope perimeter of the area to be mined. Pits 2, 3, and 4, a portion of the initial cut hs been left open and utilized as a sedimentation pond. ~, l l~ ~ ~2 ~..,~r b~~, 6 A,y it on At As such, the proposed ponds are actually non-backfilled portions of the mine pit. Rule 4.14(2)(a) requires that spoil be "graded to eliminate all highwalls and depressions."