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<br />degree of non-randomness to these data. Therefore, although the to <br />year liability period requirement has been met, the permittee has <br />failed to provide statistically valid data which demonstrates <br />compliance with Rule 4.15.7(2)(c) for Block D. <br />Following the field inspection conducted on July 27, 1994 in <br />accordance with Rule 3.03.2(2), the Division outlined two issues <br />identified during the field inspection. These issues were made <br />available to the permittee and to the public in writing via an <br />inspection report dated August 2, 1994. Contour ditches, perimeter <br />ditches, permanent gullies, and two ponds (M & K) were not approved <br />as part of the final post-mining topography and require proper <br />permitting or removal prior to bond release. Also, a developmental <br />drill pad was identified as part of the adjacent and underlying <br />Foidel Creek mine operation (#C-82-056). At this time, these <br />issues remain unresolved. <br />In summary, the following deficiencies form the basis for this <br />denial decision: <br />* CYCC has not submitted statistically valid vegetative data to <br />demonstrate compliance with the approved permit and with Rule <br />4.15; <br />* CYCC has not responded to the Division letter of March 22, <br />1994 and has not demonstrated through water sampling or <br />appropriate sediment modelling that all reclaimed areas in <br />Block D do not contribute suspended solids above baseline <br />conditions; <br />* CYCC has not submitted a technical revision to permit ,#C-81- <br />071 to propose permanent retention of ditches, permanent <br />drainaaewavs. and ponds nor has CYCC removed these features. <br />* CYCC has not summarized the appropriate water monitoring data <br />collected from springs, wells, and stream sites to demonstrate <br />that pollution of surface or sub-surface waters is not <br />occurring. <br />Resolution of the above deficiencies constitute the corrective <br />actions required in a future bond release application for the Block <br />D acreage. <br />publication of the proposed decision by the Division. <br />CYCC has the right to an adjudicatory hearing as outlined under <br />Rule 3.03.2(6). The request for an adjudicatory hearing must be <br />written and state with specificity the reasons why the hearing is <br />requested and must be received within 30 days of the first <br />References <br />Principles and Procedures of Statistics, Robert G. D. Steel and <br />James H. Torrie, Mcgraw-Hill Book Company, Inc. 1960 <br />