Laserfiche WebLink
agreement specifies notification "6 months prior to undern»ning", and would appear to <br />supersede the May 26, 1998, version. The text should be amended as appropriate. <br />e) Text an page 21-2 references Exhibit 33, indicating Utat the exhibit shows land around the <br />Unit Train I.oadout which was historically flood irrigated, and the headgate associated with it. <br />Exhibit 33 also depicts a "former flood irrigation ditdt". Page 6 of Appendix 21-2 states that <br />a "flood irrigation system (fie. duches) will be reestablished within the 11TL Site area, and the <br />system will be conntxted to the Higliline Canal", to provide for restoration of the essential <br />hydrologic function offlood irrigation. Narrative within Tab 21 and within the reclamation <br />plan on page 14-9 and 14-10 regarding reclamation of the UTL area, does not address <br />irrigation ditch reestablishment, and Exhibit l 1 C dots not depict the ditch or ditches to be <br />reestablished. Text and Exltibil should be appropriately amended to be consistent with <br />Appendix 2 [-2 statements regarding ditch reestablislunent. <br />You have requtsted our cotttment tearwy, regarding two issues wiUt respect to final reclamation. F'ust, <br />you asked whether pumping might be aaxptable as a component of the plan far permanent minewater <br />discharge. We believe that a "passive" discharge system which would require minimal human input or <br />maintenance is necessary for the long term postminkg situation, and for Ulis reason it is likely that a plan <br />which relies wholly or partially an pumping would not be approvable <br />You have also requested our input on the process That would need to be followed for the coal pemdttee to <br />be abk to be granted release of liability for Ure loadouf area, so drat it could be permitted for gmvel miniag. <br />Based on our interpretation otthe pertinent regulations, it would be possible for the operator to obtain bond <br />release prior to Ute end of the 10 year liability period, if certain demonstrations are mach There would <br />appear to be three scenarios that might Dottie, in relation ro a land use change and related bond release <br />request. <br />The first scenario might be termed Ule "fast track", and would be dependent on the gravel operator <br />obtaining all necessary permits and being ready to initiate mining operations with minimal delay. In this <br />pee, the sequence would be: <br />1. Coal permiuee initiates reclamation, removing any facilii t won't be used in a gravel <br />opuatlon, and fully reclaiming areas that would not be fined. G{i.t fc~sy.~ ' <br />2. Coal permittce applies for and obtains approval for a postmine land use change to industrial, in <br />accordance with dte provisions of Rule 4. I6.3 <br />3. Gravel operator obtains all necessary permits and approvals for gravel exlraMion, and coal <br />pemrittee applies for bond release for the area to be alleged by gravel operations. Upon <br />demonstration that the industrial land use (gravel mining) "ltas substantially wmmenced and is <br />likely to be achieved" (3.02.3(2)(c)), Ute coal bond could tie released. Note that, for some period <br />of time until release of the tbal bond, Ute area penniued for gravel opemtions would be permitted <br />and bonded under both the Coal and Mineral Programs. <br />The second scenario would occur in the wee Umt gravel mining is wl implememed immediately upon <br />mmpledon of reclamation, but is implemented within Iwo years of completion of regrading, or within 2 <br />years of approval of Ure land use change. In 11iis case, coal permittee would need to complete steps 1 and 2, <br />above, and reclaim the site as necessary to demonstrate that essential hydrologic functions have been <br />reestablished, and Utat vegetative Dover is adequate to control erosion. If demonstration required by <br />3.02.3(2)(c) is made within 2 years after completion of regrading, or less than 2 years after approval of <br />industrial land use (whichever is later), the opal bond could be released. <br />A third scenario would Dottie in the case Utat land tree change to industrial is approved, but the lard use is <br />ntx implemrnted pmsuaru to 3.02.3(2xc) within 2 years of approval. In this terse, the coal pemtitta would <br />