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4. A question arose regarding changes to the monitoring program currently in <br />use for the reclaimed portion of the New Horizon Mine. It is our under- <br />standing that the Division approved a reduced monitoring program that <br />would be initiated once the status of the mine changed to "Temporary <br />Cessation." We understand that Western Fuels-Colorado would now like <br />this reduced-frequency program to be allowed to continue at the reclaimed <br />portion once the Fast portion becomes active in 1993. <br />The Division believes that once the permit status changes from "Temporary <br />Cessation" to "Active,"the monitoring program approved for "Active" status <br />should be implemented at both areas. We believe that as the current crop <br />planted at the reclaimed area is a sterile, non-replenishing cover, it will need <br />to be disced under and replaced by the approved final seed mix. This <br />activity may create a surface disturbance that could lead to increased <br />sediment levels in surface water runoff. We believe the monitoring program <br />for the reclaimed area should be one that would be able to monitor these <br />levels, and therefore recommend the previously approved monitoring <br />program be implemented. <br />5. The next topic of discussion centered around whether the Phase I Bond <br />Release Request for the reclaimed portion could be submitted as part of the <br />Permit Renewal application. <br />The answer to this is no, as these processes have separate and different <br />procedures for "completeness" reviews and public notification. The proce- <br />dures for Permit Renewals are addressed in Rules 2.08.5(2)(c) and 2.07.3, <br />while those addressing Bond Release Requests are found in Rule 3.03.2. <br />6. The next question posed dealt with the administrative procedures required <br />to allow Western Fuels-Colorado to begin removal of company-owned <br />structures within the current permit area. Specifically, questions were raised <br />as to whether this activity would require notifications to the public or any <br />type of application for revision. <br />The Division has concluded that if these stnuctures were included in the <br />sections of the permit that addressed the description of "affected area," and <br />if removal if these structures has been approved by the Division, then no <br />additional permitting actions or public notifications are necessary. However, <br />if these structures are currently not within the approved "affected area" <br />boundary, or if they are but were not approved for removal, then Western <br />Fuels-Colorado will need to file a revision to the permit. A Technical <br />Revision should be filed to add new "affected", and possibly new permit, <br />area if these structures lie outside of the currently approved "affected area". <br />A Minor Revision should be filed if these structures are within the approved <br />"affected area" but were not previously approved for removal. <br />