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northwest comer of the permit area. Water for dust suppression activities was pumped from a well <br />with an absolute decree of eight acre-feet per yeaz. <br />The hydrologic balance of the original mine plan area was to be maintained in part by 14 sediment <br />ponds, various drainage ditches and dischazge structures. Only seven sediment ponds were <br />constructed, as portions of the mine (Pits 2 and 3) were never opened. This runoff containment <br />system appears to be adequately designed and constructed in accordance with Colorado law, 34-33- <br />120, and Rule 4.05. Sediment Ponds A and D exceed 20 acre-feet in storage capacity. The <br />emergency spillways for these two ponds were designed and constructed for 100-yeaz, 24-hour <br />events. Many ponds utilize baffle structures to ensure adequate detention time. With the approval <br />of Technical Revision 19 on 11 January 2000, the Division approved the permanent retention of <br />sediment ponds A, B, D and E. With the approval of the partial Phase II Bond Release SL-02 on 26 <br />June 2001, the Division recommended the removal of sediment ponds F and G. Drainage ditches <br />B-I, B-2, I-2, I-3, and N-2 were designed for 100-yeaz, 24-hour events. Certain steeper sections of <br />drainage ditches I-2, N-2, and B-2 aze designed with riprap bottoms to minimize the erosive effects <br />of flowing water. <br />Kerr Coal Company water rights and its water augmentation plan aze detailed in Volume 10, <br />Exhibit 25. The Augmentation Plan lists a total water consumption of 69.46 acre-feet per yeaz, <br />The figure includes 66.9 acre-feet for pond dead storage and 2.56 acre-feet consumed for dust <br />suppression, other industrial usage, and sanitary needs. Kerr Coal claims the 315.2 acre-feet 'o€ <br />water rights for potential mitigation of adverse impacts to surrounding water users. Based upon the <br />data, Kerr Coal has adequate water rights to mitigate adverse impacts to neighboring water users. <br />Topsoil and subsoil salvage and replacement were approved to vary among pits and soil types: <br />Information on soil removal and replacement can be found on pages 816-6. to 816-28 and:on,~ <br />816-125 of the permit application. Tables 57aa (Total Soil Averages and Depths by MinePlan <br />Yeaz) and 59a (Soil Redistribution Plan) contain information on soil depths and volumes that were <br />to be removed and replaced throughout the permit term. Soils in the 720 Pit were salvaged prior to <br />promulgation of the Colorado Surface Coal Mining Reclamation Act, and six inches of material, <br />regardless of suitability, were salvaged. In general, six inches of topsoil was salvaged from Pit 1 <br />and was required to be replaced (page 816-126). The Division dug several pits during the partial <br />Phase II Bond Release inspection (for SL-O1) on 22 May 2001 and came up with an average topsoil <br />depth of 7.5 inches. Topsoil at the tipple was not extensively salvaged. The topsoil that was <br />salvaged has been replaced and appears to be adequate to support the growth of vegetation. KCC <br />also transported topsoil that was to be used for pond reclamation at the mine site to supplement the <br />topsoil at the loadout. <br />The revegetation plan called for drill seeding an annual cover/mulch crop of Russell oats in the <br />spring or Elbon winter rye in the fall. This was followed in the subsequent fall or spring with a <br />separate seeding of grasses and forbs. The reclamation and seeding of the 720 Pit was completed in <br />1995 and the reclamation and seeding of Pit 1 was completed in 1996. Seeding at the tipple was <br />completed in 1999 and a Phase I Bond Release, SL-02, for the area was approved by the Division <br />on 26 June 2001. <br />Marc Mine Permit Renewal 04 <br />11 January, 2002 <br />-9- <br />