Laserfiche WebLink
Mr. Thomas F.hmett 6 Juue 30, 1994 <br />Use of All Available Spoil - <br />All available spoil will be used to reclaim the Harr Mine area. There is no spoil material <br />available to achieve any significant amount of additional backfilling at "Pit 1." Additional <br />bac}d"illing of "Pit 1" would require excavation of reclaimed ground at the "720 Pit" location, <br />or excavation of the "Harr Pit" areas which were reclaimed prior to initiation of mining in "Pit <br />1." Disturbance of previously undisturbed areas would also be inappropriate. <br />During the mine site inspection, the federal inspector indicated that material from a portion of <br />the "Harr Pit" area, which was reclaimed and seeded prior to "Pit 1" permitting and mining <br />initiation in 1981, could be used to provide material for additional "Pit 1" bacld-dling. The <br />DMG does not believe that this is a pendent or reasonable approach, nor is it an approach that <br />could be legally pursued. The DMG position is also substantiated within IIVE?r26, which states, <br />in part, that when a regulatory authority has acted in good faith it "...serves no useful purpose <br />to substantially redisturb a stabilized and reclaimed minesite." <br />All spoil has been used and, in fact, there is an overall deficit of material throughout the "Pit 1" <br />and "720 Pit" areas. <br />Postmining Land Use - <br />The approved postmining topography is designed to allow the approved postmining land use. <br />In fact, the Bureau of Land Management (BLM), the land manager for the federal portion of the <br />"Pit 1" arra has stated their approval of the final configuration of "Pit 1," and that the final <br />configuration meets that agency's hwd management goals. <br />PROCEDURAL CONSIDERATIONS <br />A final bond release decision has not been rendetd, and will not be rendered by the DMG, until <br />all of the backfilling and grading issues identified in the May 25, 1994 DMG evaluation have <br />been resolved. To the extent that reclamation is not final, an AOC violation cannot exist. <br />OFFICE OF SURFACE MINING INVOLVEMENT <br />It is our belief that the current OSM action is not appropriate. INE-26 specifically outlines the <br />conditions under which OSM oversight regarding an AOC issue should properly occur. The <br />OSM has been aware of this approved plan since its inception, and has specifically and <br />previously conducted oversight activities pertinent to this situation. <br />