GENERAL36630

• Permit No: C1981029
• IBM Index Class Name: General Documents
• Doc Date: 5/22/1986
• Doc Name: Findings of the Final Decision of the MLRD for SL1
• From: Phase I on Pit Area
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

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Three small areas exist on the site which may need additional backfilling to
meet AOC requirements. The Division is currently assessing these areas, which
are as follows:
1) The dragline assembly pad area,
2) A small cut above the Scoria Pit, and
3) An area on the southern most portion of the bench where it meets with
the undisturbed topography.
The current active review status of these areas does not affect the amount of
bond which may be released under this decision. Bonding liability will remain
for these areas pending further review by the Division.
Drainage - The Division has received several complaints from the landowner
concernern-ing he reclaimed drainage. The landowner contends that due to the
reclamation operations, water now flows from an adjacent property onto his
property. He alleges that this increased flow contributes to erosion on his
land.
The Division finds that although the drainage of the area has been modified,
the operator has acted in accordance with the approved reclamation plan.
Further the Division finds that claims of increased erosion due to alterations
in the drainage pattern are unwarranted.
B. Phase II - CMLRB Regulations set forth two criteria for Phase II bond
release. Rule 3.03.1(2)(b) states that, "Up to 85 percent of the total bond
amount applicable to an increment or a permit area may be released upon the
successful establishment of vegetation in accordance with the approved
reclamation plan...". Rule 3.03.1(3)(b) states "No more than 60 percent of
the bond shall be released so long as the lands to which the release would be
applicable are contributing suspended solids to streamflow or runoff outside
the permit area in excess of pre-mining levels...".
Successful Establishment of Revegetation - The Division has required Sun
Coal ompany to su mit tec nrca ata w is demonstrates that the vegetative
cover standards of Rule 4.15.8 have been met. This information is necessary to
demonstrate that vegetation has been successfully reestablished. The Division
has also required the applicant to submit information on the implementation of
the seeding program and the species composition of the existing stand, as part
of the fulfillment of Rule 3.03.1(2)(b). Sun Coal has expressed the opinion
that the use of Rule 4.15.8 is inappropriate. The operator feels that this
standard should be applied only for Phase III (100 percent) bond release.
Further, the operator feels that mulch and rocks should be included in the
cover measurement, as they contribute to erosion control.
The Division does not agree that the performance of seeding, fertilizing and
mulching constitutes successful establishment of revegetation. The Division
finds that the revegetation requirements of Rule 3.03.1(2)(b) relate both to
ensuring that vegetation is being re-established, and that the vegetation
provides erosion control. The Rules and Regulations clearly refer to the
establishment of vegetation as a necessary requirement for Phase II bond