1997-04-20_REVISION - M1977493 - Laserfiche WebLink

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Letter to Bryce Romig -2- April 20, 1997 the map provided as appendix (exhibit) C to the amendment AM-003 application. The Division suggests that an expedient process by which the issues of affected land related to legal description may be addressed is through the incorporation of a permit area boundary into the Climax Mine permit . The permit area would be distinct from the area of affected lands, and could encompass significant areas of unaffected land for which no reclamation bond would be required. The logical selection for a permit area boundary would be the private land boundary. A legal description of this boundary will have to be submitted. 3 . There are a number of areas that fit the definition of affected land that have not been included within the area of affected land depicted on the map submitted with the amendment AM-003 application. These areas include: a) The network of interceptor canals at the Climax Mine site . It is stated in the amendment AM-003 application that CMC does not consider the interceptor system as part of the affected lands because the system must remain in place following final closure and terminal reclamation. It is the Division' s position that the interceptor system should be included in the area of affected lands regardless of its utility in the reclaimed landscape. The following rational applies : i) The interceptor canals and associated roads or trails fit the definition of affected land, and must be included in the area of affected land even though no reclamation work may be necessary in order for the interceptors to perform a beneficial post-mining function. If the interceptors and roads are to remain in use following mine closure, no bond for their elimination would be required, but they would still be within the area of affected land during the term of the permit . ii) The interceptor canals are considered Environmental Protection Facilities as defined in the Rules . All surface Environmental Protection Facilities must be in the area of affected lands . iii) The interceptor system requires maintenance in order to function properly. The Division must have regulatory authority over interceptor system maintenance, and regulatory authority is assured by including the system in the area of affected lands . iv) Since the CMC has never requested, and the Division has never conducted, a bond release type inspection of the interceptor system, it is possible that there may be reclamation issues unrelated to the post-mining use of the interceptor system for delivering water. Such issues may include revegetation of cuts and fills, as well as weed control .