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<br />February 1992 Technka/ Revision TR-12 12 <br />EFCI was not aware that the pond embankments for Loadout Area Ponds Ll and L2 extended beyond the <br />designated permit area. Based on available survey data, EFCI understood the entue pond disturbance to be <br />within the permit boundaries. <br />Right o[ Entry <br />Those additional areas to be incorporated into the mine permit area, including the Pond S embankment and <br />Pond 1 emergency spillway, are controlled by EFCI under the terms of a coal lease and surface use agreement <br />with the Corley Company as documented in both Section 203 and Exhibit 2, Ownership Information, of the <br />EFCI Permit Application document. Those additional areas to be incorporated into the loadout permit azea, <br />including the Ponds Ll and L2 embankments, are owned by Daniel Adamic, et. aL and the Atchison, Topeka <br />and Santa Fe Railway Company (AT&SFRR) EFCI controls the proposed additional azea on the west side <br />of the Loadout (Pond L2 embankment) under exist'mg lease and surface ttse agreements with Adamic and <br />AT&SFRR as documented in both Section 2.03 and Exhibit 2. EFCI is currently negotiating a right of entry <br />agreement with Adamic for the additional area on [he east side of the Loadout (Pond Ll embankment). It is <br />anticipated that negotiations will be completed prior to approval of this technical revision and that EFCI will <br />at that time provide appropriate documentation of right of entry for insertion is the permit docttmen[. <br />Newspaper Advertisement and Proof of Publication <br />Upon receipt of a notification of completeness for [his technical revision from the Division, EFCI will submit <br />the public notice required under Rule 2.08.4(~(b)(i) for publication in the Canon City Daily Record. A copy <br />of the proposed revision notice is included in [his revision submittal. Following publication, both the public <br />notice and proof of publication will be submitted [o the Division for insertion in Exhibit 5, Newspaper <br />Advertisement/Proof of Publication. <br />• Environmental Resources <br />The proposed incidental boundary revision areas aze contiguous [o the existing permit boundary and are <br />consistent with e~ds[ing permit areas with respect to topography, vegetation communities and habitat values. <br />These areas are so small [hat they provide no distinct habitat values nor will disturbance result in any significant <br />incremental environmental impacts. The information on existing environmental resource values for contiguous <br />areas presented in Section 2.04 of the EFCI Permit Application document is directly applicable to the proposed <br />incremental boundary revision areas. Consequently, supplemental environmental data collection for these areas <br />is neither indicated or justifiable. <br />The proposed incidental boundary revision azea for the Pond L2 embankment in the west Loadou[ area <br />encompasses Ooodplain tercace deposits identified as pazt of the Oak Creek Alluvial Valley Floor (AVF). <br />Disturbance and proposed reclamation measures within this area is consistent with the disct>ssion of poten[ia] <br />impacts on the AVF presented in Sections 2.05.4, 4.?A, and Exhibit ?A, Alluvial Valley Floor Investigations, of <br />the EFCI Permit Application document. <br />Operation and Reclamation Plans <br />The proposed incidental boundary revision areas are aW associated with existing sedimentation pond s[ructtues. <br />Design information and descriptions of operating and maintenance practices for these ponds aze presented is <br />Sections 2.05.3, 4.05.5, 4.05.6 and Exhibit 19, Drainage and Sediment Control Plan, of the EFCI Permit <br />Application document. Similazly, reclamation requirements for these structures are addressed by Section 205.4 <br />and Exhibit 1A, Bonding Informatio4 of [he permit document. <br />Performance Bonding Requirements <br />• Although not specifically designated, reclamation of all of the referenced pond areas (Ponds 1, 2, 5, Ll, and <br />L2) is reflected in [he existing Bond Reclamation Cost Es[ima[e, presented as Exhibit 7A, Bonding Information, <br />to the EFCI Permit Application document. <br />ACZ Inc. • P.O. Box 77J018 • S(eamboat Springs, Colorado 86!77 • (303)8796260 <br />