Laserfiche WebLink
<br />Therefore the only applicable criteria for this bond release application are <br />those of Rule 4.03.1(1)(b) concerning a demonstration that the road is not <br />causing damage to fish, wildlife and related environmental values, and not <br />causing additional contributions of suspended solids to streamflow or runoff <br />outside the permit area, to the extent possible using the best available <br />technology. Rule 4.03.1(4}(a)(iv) requires minimization of erosion, <br />siltation, and disturbance of the prevailing hydrologic balance. In addition <br />outslopes and other vegetated areas must meet the criteria of Rule 4.15.10(2), <br />which apply to residential and industrial post mining land uses. This rule <br />states that "the ground cover of living plants shall not be less than required <br />to control erosion." <br />Erosion Control - The only erosion problems noted recently have been <br />limite two tTiree small areas where rills had developed below rolling dips in <br />the road. These rills have all been repaired. The landowner has expressed <br />concern over steep slopes on the road fill embankments. The road was <br />constructed on steep slopes initially. Due to the landowner's request to <br />leave the road at its current width at the time of closure of the mine, there <br />was no opportunity for slope reduction during backfilling. The slopes appear <br />stable and exhibit a cover of perennial grasses, shrubs, and annuals. Recent <br />inspections have indicated that the haul road is not causing damage to fish, <br />wildlife, and related environmental values and to the extent possible is not <br />contributing additional suspended solids to streamflow or runoff outside the <br />permit area. Based on these observations, the road meets the requirements of <br />Rules 4.03.1(1)(5), and 4.03.1(4)(a)(iv). There are no erosion problems which <br />would indicate that the outslope vegetation does not meet the criteria of <br />Rule 4.15.10(2). <br />Post-Mining Land Use (PMLU) - The Division is in receipt of several <br />letters an pone ca s rom t e landowner which voice dissatisfaction with <br />the road pursuant to the post-mining land use (PMLU). The landowner states <br />that due to problems with snow plowing, road surfacing, and the rolling dips, <br />the intended PMLU cannot be realized. The Division feels that the landowner <br />concerns are essential to the PMLU determination, since in accordance with <br />Rule 2.05.5(1)(a)(iii) the approval to leave structures for the PMLU must be <br />consistent with surface owner plans and programs. However the practices to <br />which objections are raised, such as rolling dips, berms, culverts and <br />ditches, are the same practices which are essential to maintaining the road in <br />a stable configuration. These practices, the Division believes, constitute <br />the best technology currently available to minimize erosion and damage. The <br />Division ac now a ges tat ese practices may present possible limitations <br />for the post-mining usage but finds them necessary and the best available <br />nonetheless. Other concerns of the landowner include large sized round gravel <br />used as surfacing on a portion of the road. This gravel is sufficiently <br />durable and therefore meets the requirements of Rule 4.03.1(5)(a). Ouring the <br />past four years, since closure of the mine, the primary users of the road have <br />been the landowner and individuals in his employ. Various light industrial <br />uses have been facilitated by the road during this period. Therefore the <br />Division believes the road meets the post-mining land use for which it is <br />intended. <br />Based on these specific findings the Division has issued a proposed decision <br />to approve in full, the bond release request for the Meadows No. 1 mine haul <br />road. <br />