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7. This concern questioned whether sediment pond water would be potable to <br />wildlife, and if not, what measures would be employed to prevent wildlife <br />contact. The sediment control system (ponds and ditches) is designed to <br />collect and contain all surface water drainage from the disturbed area <br />before it is discharged into the natural drainage. Based on analyses of <br />topsoil nd overburden strata, the Division does not anticipate problems <br />with wildlife drinking the water because there are no toxic or acid <br />forming substances that will be conveyed to the sediment pond. <br />9. Issue no. 9 questions if the bond in the amount of 553,000 will be <br />sufficient to reclaim the disturbed area of 19.78 acres. The Division <br />has calculated this amount to be sufficient, based on the Division <br />contracting an independent operator to perform the outstanding <br />reclamation at the time of any forfeiture. <br />12. Issue no. 12 questions how the state would determine when the mining <br />operation has been completed, and whether there is an inoperative period <br />of time that determines when the reclamation period must begin. The <br />operation will be completed when the operator has performed the <br />reclamation as required by the permit. Final release of liability cannot <br />occur until at last 10 years after completion of re vegetation, upon <br />demonstration of compliance with all reclamation requirements. <br />There is no inoperative period of time that determines when the <br />reclamation period must begin. When operations are active or upon final <br />cessation of operations reclamation must occur as contemporaneously as <br />practicable. Operations can enter into temporary cessation if operations <br />are to be resumed under an approved permit. There is no limitation on <br />the length of time that an operation can remain in temporary cessation, <br />as long as the operation is maintained in compliance with the permit and <br />regulations. <br />13. Issue no. 13 questions the sizing of the sediment pond. The sediment <br />pond as approved by the Division is designed in accordance with <br />Rule 4.05.6 of the regulations of the Colorado Mined land Reclamation <br />Board for Coal Mining. <br />14. Issue no. 14 questions what governmental notification requirements are <br />required under the Coal Regulations, and specifically mentions the City <br />of Trinidad. <br />Rule 2.07.3(6) requires written notice of submittal of a complete <br />application to governmental bodies with jurisdiction over or interest in <br />the area of the proposed operation, regional or county planning agencies <br />with jurisdiction to act with regard to land use, air or water quality, <br />sewage and water treatment authorities having uses or facilities in the <br />area of the proposed operation, and federal or state government agencies <br />with authority to issue other permits and licenses needed by the <br />applicant. <br />Since the proposed operation is located on private land three miles <br />outside of Trinidad, there was no requirement for the Division to notify <br />the City of Trinidad. Any permits or authorization which the city might <br />require relating to offsite impacts of the proposed operation would be <br />outside the jurisdiction of the Division. <br />-2- <br />