REP35525

• Permit No: M1978305
• IBM Index Class Name: Report
• Doc Date: 5/18/2004
• Doc Name: Environmental Assessment
• From: Nat. Park Service
• To: DMG
• Media Type: D
• Archive: No

Niimber `Actions Mitigation.Measures under ,
Alternative B; Pro osed Action
Topsoil will be redistributed to a depth adequate for the establishment and
continued existence of the native vegetative communities found in the
local area over the disturbed area and supplemented with suitable growth
3 Reclamation medium if salvaged topsoil is less than the required volume. Suitable erosion
control structures will be incorporated as necessary. The supplemented
growth medium and all final reclamation design and procedures will be
a roved b the Su erintendent.
4 Reclamation The Superintendent must be notified at least 7 days prior to clearance of
ve etation, to soil removal or distribution o erations.
Seed will be applied for 2 consecutive years after topsoil placement. Planting
5 Reclamation of sagebrush may be required in same areas along the slope. Seed mix,
application rate, application method, timing of application, and soil
amendments will be a roved b the Su erintendent.
Exotic species and noxious weeds will be monitored and controlled during
6 Reclamation mining operations and for 2 years after seeding. The Superintendent will
a rove methods of control.
7 Noise Control Theo erator will com I with all state and local noise re ulations.
$ Air Pollution The operator will comply with all state air quality regulations and permitting
Control re uirements.
g Water Pollution The operator will comply with all state water quality regulations and permitting
Control re uirements.
10 Monitoring Reasonable access will be provided to the site far monitoring during and after
o erations.
Hazardous All hazardous materials and petroleum products will be stored so as to
11 Materials prevent leaks or releases. Containers will be in good condition, with no leaks
Storage or areas of rust or corrosion and will be stored away from stromwater
drains e ditches, with ode uate containment.
2.7. Performance Bond
Approving the Plan of Operations would be conditioned upon the operator tendering a
performance/reclamation bond or other suitable instrument. NPS regulations authorize the park
Superintendent to require a bond for operations approved under a Special Use Permit.
Specifically, 36 CFR § 1.6(e} authorizes park superintendents to "include in a special use permit
the terms and conditions that the superintendent deems necessary to protect park resources or
public safety and may also include terms and conditions established pursuant to the authority of
any other section of this chapter." Bonding is an established and necessary way to protect NPS
resources and is a required condition of approval for mining claim operations {36 CFR § 9.13)
and nonfederal oil and gas operations {36 CFR § 9.48). Likewise, NPS Director s Order #53,
Specia! Park Uses, authorizes the NPS to require adequate bonding.
A bond is a measure of insurance that the permittee will comply with permit conditions and that
the park will be reimbursed for damage to resources andlor facilities that occurs as a result of
the permittee's actions, both during operations (performance) and after completion of operations
(reclamation). If the operator does not satisfactorily correct unauthorized damage to NPS
resources that occurs during the operation or does not carry out all required reclamation, the
NPS may collect on the bond and apply those monies to pay for the necessary work.
The bond will be in an amount equal to the estimated liability for damage to NPS resources
resulting from the operator's failure to comply with the plan of operations, and to the direct (e.g.,
structure removal, high wall reduction, final grading, topsoil handling, and revegetation) and
indirect costs (e.g., engineering design, mobilization, contingencies, and reclamation
management) of reclamation upon completion of operations. The bond amount will be
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