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<br />degree of non-randomness to these data. Therefore, although the 10 <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 B. <br />Following the field inspection conducted on July 26, 1994 in <br />accordance with Rule 3.03.2(2), the Division outlined three 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, permanent <br />drainageways, a topsoil pile, and a sewer manhole were not approved <br />as part of the final post-mining topography and require proper <br />permitting or removal prior to bond release. At this time, these <br />issues remain unresolved. <br />A portion of the reclaimed area is owned by the Federal government <br />and managed by the Bureau of Land Management (BLM). A <br />representative of the BLM attended the field inspection of those <br />areas and identified a noxious weed problem on some areas. In a <br />letter dated August 2, 1994, the BLM recommended that bond not be <br />released for these areas until the noxious weeds are controlled. <br />In summary, the following deficiencies form the basis of 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 B do not contribute suspended solids above baseline <br />conditions; <br />* CYCC has not submitted a technical revision to permit #C-81- <br />071 to allow permanent retention of ditches, permanent <br />drainageways, and ponds nor has CYCC removed these features. <br />Also, the topsoil pile footprint acreage must not be included <br />in any future bond release request and a correct map must be <br />submitted; <br />* CYCC has not removed and reclaimed the manhole feature; <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 has not and is <br />not occurring; <br />* CYCC has not completed weed control on the Federal surface <br />lands in Block B. (although it is recognized that this effort <br />may be on-going); <br />Resolution of the above deficiencies constitute the corrective <br />