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P1F;F. LJ '?2 ~11~-1h C~JL~: Fr+C'~.' r~EFT ~F L',:! ::~-.-br.r -~!~~1 <br />• <br />Members of the Mined Land Reclamation Hoard <br />Page 3 <br />sion recommends that the Board continue this issue to allow <br />the Division to pursue negotiations with Corley and SWC. <br />d. ~~rley also contends that the sites a is not in cam- <br />pli~ ~ with applicable performance req irements. The <br />Divi=.~n agrees that there are problems in the West Pit a- <br />rea and that HWC is required to comply with all applicable <br />standards and regulations in order to avoid bond Forfei- <br />ture. There remains, however, a dispute as the nt and <br />nature of some of the problems: ` 7 <br />(i) Corley contends that the West Pit must be <br />regraded to 3:1 slopes; it is currently graded to a <br />slope of approximately 2.5:1. The Division agsees <br />that there are erosion problems in the West Pit and <br />has specified corrective actions in the December , <br />1991 inspection report, a copy of which is attached. <br />The West Pit has gone through Fhase I bond release <br />based on the existing slopes. The Division believes <br />that the proposed corrective action will correct the <br />erosion problems and that regrading is not required. <br />However, Corley should have an opportunity to address <br />the Soard on this issue. <br />(ii) The Division agrees with Corley that, if <br />required by the applicable provisions of the water <br />Quality Control Act. HWC should be required to get an <br />NPDES permit for the sediment pond. The Rivision has <br />~ no opinion on whether or not such a permit is actual- <br />l V`~ ly requ ed by applicable statutes, The Division <br />propos~~i'" a HWC agree to obtain such a permit if owe:~J <br />requir ,~"'t~-~3o--so~ by the Water Quality Contral Divi- <br />Z, sion. She Division is continuing to work with HWC on . <br />5G„w•. a~ this issue. ~p- <br />ov,~ Q ~, ~-i~ <br />The Division recommends that the Board b~ h <br />on the questions listed below, The <br />Division further recommends that the Board then continue this <br />matter to allow the Division to negotiate a solution to the ap- ~, <br />propriate description of the West Pit and other unresolved <br />issues, If the Board disagrees with the Division's position on <br />any of the issues listed below, the Division will incorporate the <br />direction given by the Board into the final resolution of this ._-~ <br />-----, <br />