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-4- Approval of this mining and reclamation plan does not. constitute approval to leave the mine benches, terraces, and fill areas ungraded after mining of federally-owned coal is completed. The operator will comply with the requireinents'of 30 CFR 717.14 {a) to backfill with all available mate~-fals'to achieve the lowest practicable grade and stable drainage through- out the disturbed area. The operator may submit evidence that supports alternative post-mining land surface config~ratioh at anytime and such will be reviewed as will any other amendment to an approved plan. The evidence will include a straightforward demonstration of the manner in which the requirements of 30 CFR 717 and Section 516 (b) of Public law 95-87 will be met, with special emphasis on the requirements of § 516 (b) (9~ and '516 (b) (10) of the Pubic Law (91 Stat 496 and 497). The demonstra- tion will include appropriate instruments indicatingithat the necessary long-term maintenance will be provided. We also recommend inclusion of a stipulation requiriing the opera- tor to develop an adequate policy for removal of sediment frrom,ponds. The mining plan does not appear to commit the operator td routine clean- out and such maintenance is most important. We also note that the approval should require the sedimentation ponds to be in~place to re- tain runoff occurring during operations carried out under the'~approved plan. i If these stipulations are included among those accompanying any mine plan approvals, this office feels that compliance r~ith existing Federal regulations will be better assured. In view of the considerable concern reflected in cdmments from residents of the area near the Orchard Valley Mine regarding ;the amount of coal that can be safely removed, we believe it appropriate to reiterate our previous comment (#9 in the Attachmentito our letter of February 13, 1978) which noted the need fora subsurface monitoring system over and beyond that surface subsidence monitoring system ad- dressed in the mining plan. We believe that a structural monitoring system should be implemented within the mine workings t' better define the rack mechanics of the disturbed strata during opera~tions~ It fs recognized that the surface monitoring system will, if (properly moni- tored, warn of the surface effects of subsidence. However, we are more concerned that the roof, ribs, and any pillars be'monitored by more than visual methods. The purpose of the monitoring requirement is both to monitor performance and project specifications for future operations. Upon consultation with qualified mining engineers, we strongly recommend that representative areas of the federally-owned coal resource be instrumented at subsurface locations usin9~accepted engineering methods. We recommend that you request the U. S. Bureau ff ~, il~:I~il.lil~;~i~;~ ! 1