REV99107 - Laserfiche WebLink

Home Browse Search

-3- IC. Status of Stipulations Stipulations are referred to using the numbering system in the Division's Findings of Fact issued on October 29, 1981. 1. IF, DURING THE COURSE OF MINING OPERATIONS,PREVIOUSLY UNIDENTIFIED CULTURAL RESOURCES ARE DISCOVERED, THE APPLICANT SHALL ENSURE THAT THE SITE(S) IS NOT DISTURBED AND SHALL NOTIFY THE REGULATORY AUTHORITY. THE OPERATOR SHALL ENSURE THAT THE RESOURCE(S) IS PROPERLY EVALUATED IN TERMS OF NATIONAL REGISTER ELIGIBILITY CRITERIA (36 CRF 60.6). SHOULD A RESOURCE BE FOUND ELIGIBLE FOR LISTING IN CONSULTATION WITH THE REGULATORY AUTHORITY, THE LAND MANAGING AGENCY (IF THE SITE IS LOCATED ON FEDERAL LANDS) AND THE SHPO, THE OPERATOR SHALL CONFER WITH AND OBTAIN THE APPROVAL OF THESE AGENCIES CONCERNING THE DEVELOPMENT AND IMPLEMENTATION OF MITIGATION MEASURES. No previously unidentified cultural resources have been discovered. 2. THE REVEGETATION SUCCESS STANDARD FOR HERBACEOUS PRODUCTION SHALL BE 125 GRAMS PER SQUARE METER, UNLESS THE APPLICANT CAN DEMONSTRATE TO THE DIVISION THAT AN ALTERNATE STANDARD IS APPROPRIATE. WITHIN 60 DAYS OF PERMIT ISSUANCE, THE APPLICANT MUST AMEND THE APPLICATION TO REFLECT ACCEPTANCE OF THE STANDARD SET BY THE DIVISION OR AN ALTERNATE STANDARD APPROVED BY THE DIVISION. The Operator has agreed to accept the standard set by the Division. 3. IF THE PROPOSED UNDERGROUND DEVELOPMENT WASTE PILE EXCEEDS 1,000 CUBIC YARDS, THE APPLICANT MUST CONSULT WITH THE DIVISION ABOUT THE ADDITIONAL ENGINEERING INFORMATION AND PLANS REQUIRED. THE INFORMATION AND PLANS SHALL BE SUBMITTED TO THE DIVISION FOR REVIEW AND APPROVAL PRIOR TO EXPANSION OF THE UNDERGROUND DEVELOPMENT WASTE PILE. The operator has not constructed an underground development waste pile. II. Bonding The Division has reviewed both the amount and conditions of the bond for the Ohio Creek No. 2 Mine in accordance with Rule 3.02.2(4) and 2.05.4(2)(b). Section 2.05.4(2)(b) of the regulations requires a detailed estimate of the cost of reclamation of the proposed operations. The estimate given on page 146 of the application is not adequate. The operator must provide an estimate of the cubic yards of material to be moved, a more specific description of the equipment to be used (such as the make and model of the "Front end loader", "truck" "dragline" and "CAT"), rental rates for this equipment based on the most recent Rental Rates Handbook, and demonstrate that the estimated time frames for rental time are adequate, based on the most recent Caterpillar Performance Handbook.