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ing plan which takes into account <br />the state of the mine operations <br />(the mine having been active since <br />1978) and also which would elimi- <br />nate vagueness and uncertainty as <br />to the scope of the monitoring <br />activities required and the phys- <br />ical areas to be sampled and <br />inspected. <br />5.4 <br />.' -~ '~-,~1 ~ <br />.,' . <br />- - <br />5.5 <br />8. Stipulation #8 requires the <br />applicant to remove existing sedi- <br />ment ponds at Pits 2, 3 and 4. <br />The applicant's mining plan con- <br />templates removal of the sediment <br />pond at Pit 4; however, the sedi- <br />ment ponds at Pits 2 and 3 were <br />originally approved with the <br />initial mining plan as permanent <br />pond ing areas consistent with <br />post-mining land use, and _.the <br />applicant hpLieues--that--.i.t_-_is~. <br />unnecessary to remove such ponds. <br />9. Stipulation #9 relates to a <br />proposal that the applicant be <br />required to submit plans for con- <br />trolling rill and gully erosion <br />prior to and during reclamation. <br />Rill and gully erosion is a con- <br />sequence of numerous factors <br />involved in the reclamation pro- <br />cess, and the applicant has <br />consistently followed accepted <br />practices in the industry and <br />recommendations of the Division's <br />representatives with respect to <br />its reclamation procedures, so as <br />to minimize the potential for rill <br />and gully erosion. There is no <br />way of guaranteeing the success of <br />preventative measures. The appli- <br />cant believes that compliance with <br />existing regulations is adequate <br />and that the applicant's response <br />to rill and gully situations when <br />observed has been adeouatN so as <br />to obviate the need for any <br />-3- <br />