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Rule 2.03.3(1) Information in the application shall be current, presented clearly and concisely, and <br />supported by appropriate references to technical and other written material available to the <br />Division. <br />The PAP is in compliance with this rule. The report is applicable. <br />Rule 4.05.1(1) Surface and underground mining activities shall be planned and conducted to <br />minimize disturbance of the prevailing hydrologic balance in both the mine plan and adjacent <br />areas, and to prevent material damage to the hydrologic balance outside the permit area in <br />order to prevent long-term adverse changes in the hydrologic balance. <br />Information in the AHR indicates that the surface mining activities (a coal loadout facility) were <br />planned and conducted in compliance with this rule. The disturbance to the hydrologic balance <br />within and adjacent to the permit area caused by operation of the Loadout is the minimum that <br />can be expected from a coal transfer facility at this location. There has been no reclamation work <br />at the site. The provisions of the permit were approved during 2005 to convert the loadout to a <br />coal offload facility. No conversion work has been accomplished. The permit is in Temporary <br />Cessation. <br />Rule 4.05.1(2) Changes in water quality and quantity, in the depth to ground water, and in the <br />location of surface water drainage channels shall be minimized so that the approved postmining <br />land use of the permit area is not adversely affected. <br />The information in the AHR indicates compliance with this rule. The approved postmining land <br />use is grazing land for livestock [Permit Application Package (PAP), Tab 20, page 1 ]. There is <br />no consumption of water that would affect the quantity, and no change in surface water drainage <br />channels, that would adversely affect the approved postmining land use. There has been a drop in <br />depth to ground water (HGDAL3, see graph attached) of approximately two feet. This is <br />unexplained as there has been no change in activity at the site. The Total Dissolved Solids (TDS) <br />in alluvial groundwater at HGDAL4, upgradient of the site, is 6,378 milligrams/liter (a single <br />reading in this new well measured 12/02/05). The TDS levels in HGDAL3, below the site, are in <br />the range of 15,000 mg/1. However, there has been, and appears to be no potential, adverse <br />impact on the approved postmining land use of the permit area. In addition, there does not appeaz <br />to have been an adverse impact on the land use of adjacent areas downgradient of the site. <br />Rule 4.05.1(3) In no case shall Federal and State water quality statutes, regulations, standards, <br />or effluent limitations be violated <br />This review indicates that the mine reclamation operation is in compliance with this rule. No <br />NPDES requirement has been violated. Designation of a point of compliance is pending. <br />Rule 4.05.9(14) All impoundments shall be inspected by a qualified registeredprofessional engineer <br />or other qualified professional specialist under the direction of a professional engineer. The <br />professional engineer or specialist shall be experienced in the construction of impoundments. <br />Page 2 of 7 pages, 2005 AHR Review, April 14, 2006 <br />