REV102981 - Laserfiche WebLink

Home Browse Search

Mr. Jamcr R Stark Coiorodo Divirion ofMinem4 d' Geology Augun7, 2002 Page 7 to what would be a mazginal use, at best, is highly unlikely. Dehvery of water to the subject area would also be a problem since there is no existing ditch system in the immediate area and the existing railroad right-of- way and rail spur Form a barrier on the south side of this azea. Any diversion would have to go under the railroad (most likely at the County Road crossing), requiring construction of a significant length of ditch and a culvert crossing, ittaeasing the associated cost, and reducing the feasibility of irrigation. EFCI is currently pursuing the proposed change in postmining land use with both the surface landowners for the Loadout Area and the County. On resolution of questions related to the change in land use and consistent with this request, EFCI will revise relevant permit text (Section 2.06.8 and 4.24) and provide the CDMG with copies of the revised pages (refer [o the response to Comatent 28 for additional details). Comment 23 -This comment was previously addressed in the MR-42 submittal, has been resolved, and the CDMG has agreed to eliminate Stipulation 24. Comment 24 -This comment was previously addressed in the MR-44 submittal. Comment 25 -This comment was previously addressed in the TR-33 submittal and the List of Maps has been updated again with this submittal. Comment 26 -This comment was previously addressed in the TR-33 submittal. Comment 27 -This comment was previously addressed in the MR-42 submittal. Comment 28 -The portmining land ure at the reclaimed Loadout it currently rangeland and wildlife habitat. Over the last year the primary landowner at the Loadout, the Atchiron Topeka and Santa Fe Railroad, has been using the area to stare railcarr and other rnircellaneour itemr. In doing so, they have dumped a rign~cant quantity of rock onto the tratkr and rurrounding arear. It is the belief of the Division that thir it rot consirtent with the approved portmimiug laud ure. Pleare provide your rearoning ar to why this is conrirtent with the portmining land ure or propore a change to raid ure that is more con.tirtent with itr current and intended ure. Response: EFCI agrees with the CDMG that present railroad use and operations in the Loadout area are not consistent or compatible with the approved posttnitting land uses. Given that the Atchison Topeka and Santa Fe Railroad or its successors is the primary landowner in the East Loadout Area and holds a 100-foot easement in the West Loadout Area; that the portions of the East Loadout Area not owned by the railroad are relatively small and separated by the railroad tract; and EFCI does not have control over railroad uses; EFCI proposes to change the postmitiutg land use for the entire Loadout Area to industrial. With CDMG concurrence, EFCI is proceeding with discussions with both the surface landowners and the County relative to the proposed change in postcnituug land use. Recognizing that this process may take some time and in the interest of £malizing the Permit Mid-Term review in a timely manner, the CDMG and EFCI agree that resolution of the issues addressed by Comments 22 and 28 will be defected and will be handled as a sepazate TR fzom the iYtid-Term response submittal. On receipt of required approvals, EFCI will make the required demonstrations under Rule 4.16.3 and appropriate changes to the petxnit text (Sections 2.04.3, 2.05.4, 2.05.5, 4.15.10, and 4.16), and provide copies of the revised permit materials to the CDMG. Under the proposed change to an industrial postmining land use, EFCI would also anticipate submitting a request for revegetation success determination and bond release for the subject areas as soon as feasible, consistent with applicable regulatory requirements (Rules 3.03 and 4.15.70), in order to limit their liability for ongoing railroad operations.