Laserfiche WebLink
Right of Entrv Information <br />Has the Applicant provided a description of the basis for legal right of entry to the <br />proposed mining site and to conduct mining and reclamation for the life of the <br />mine? Rules 6.4.14 & 6.3.7 <br />The applicant has provided a properly executed lease with the legal owners of <br />record of the property where the site is located. There was a concern about the <br />length of the lease (S years) not being concurrent with the life of mine permit <br />issued by the division. However, most terms of an access lease are not subject to <br />review by the division. In particular, the Rules and the Act do not stiputaie the <br />length of time that is allowed, required or otherwise determined between the <br />lessor and the lessee as part of the legal right to enter and conduct mining or <br />reclamation operations. Therefore, the lease supplied with the application meets <br />the minimum requirements of Rules 6.4.14 and 6.3.7, specifically, access to the <br />site to conduct mining and reclamation operations. <br />Permanent Man-Made Structures <br />Does the Applicant's reclamation plan provide for grading to control erosion and <br />siltation of the affected lands, and to protect the state highway right-of--way from <br />damage? Rule 3.1.5(3) <br />The reclamation as proposed and revised through responses to the adequacy <br />review clearly will not have an impact on the right of way for State Highway 69. <br />One reason for this is that the operator intends to maintain a 200 foot set-back <br />from the right of way and excavate the slopes at 3H:1 V or flatter to maintain a <br />stable working face. In addition, the slope of the 200 foot buffer is such that <br />surface water will generally drain away from the highway. The slope and set- <br />back, should prevent surface water drainage from impacting the highway right of <br />way. <br />The applicant has proposed the use of containment berms to prevent off-site <br />erosion and/or siltation during mining. Once mining is completed, the proposed <br />reclamation plan includes the proper combination ofpost-mining slopes (no <br />steeper than 3H:1 V), topsoil replacement (6-I2 inches), and a proposed seed mix <br />that can provide a stable post-mining landscape if properly executed as described <br />in the application. Therefore, this section meets the minimum reguirements of <br />rule 3.1 S(3). <br />IV. ISSUES NOT TO BE CONSIDERED <br />All other issues raised by the parties that are not included in the list above will not <br />be considered by the Board, either because the concern has been addressed or <br />because the issue is outside the jurisdiction and authority of the Board under the <br />Construction Materials Act. <br />