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suitable for rangeland use. The past use of pond F by livestock and wildlife indicates this pond will be <br />suitable for the approved post-mining land use of rangeland and wildlife habitat. Pond F was approved as <br />permanent in Technical Revision 22. <br />Spoil leachate has been monitored for more than 10 years in spoil well SP-01. No coal spoil leachate <br />springs are expected to occur on the ground surface, based on historical monitoring of well SP-01 which <br />indicates the top of saturated spoil is approximately 100 feet below the ground surface. <br />Findings on Protection of Hydrologic Balance <br />Based on the evaluation conducted in accordance with Section 3.03.2(2), the Division finds that the Marr <br />Mine operation has caused no significant impacts to the quality or quantity of bedrock ground water, <br />alluvial ground water, or surface water. Changes to the hydrologic balance within and adjacent to the SL- <br />04 bond release areas, if any, would be the minimum that can be expected from a surface coal mining <br />operation. Water pollution is not occurring and future water pollution appears unlikely. The water rights <br />of other users have been protected. <br />All of the observed hydrologic impacts are consistent with those predicted in the Division's North Platte <br />River Cumulative Hydrologic Impact Assessment. Based on the foregoing observations, the Division <br />finds that the Marr Mine has minimized disturbance of the hydrologic balance in the bond release areas <br />and adjacent areas, and prevented material damage outside the bond release areas. The Division also finds <br />that the Marr Mine has not caused hydrologic changes that adversely affect the approved post-mining land <br />use in the bond release areas. <br />III. PROPOSED DECISION <br />A review of the Division's records regarding disturbed acres accounted for in the Marr permit found a <br />discrepancy between the Division's records and KCC's records. The DRMS permit system indicated in <br />2007 that 380.8 acres were approved to be disturbed under the permit. KCC had, however, reported total <br />disturbed acres of 401.4 acres since the 2002 Annual Reclamation Report (ARR), and DRMS had <br />concurred with KCC's values in the Division's 2003 Midterm Review. <br />Analyses conducted during the Division's 2008 midterm review of disturbed areas shown on KCC's 2006 <br />ARR map, review of bond releases, and permit boundary revision found that KCC's values reflect the on- <br />the-ground acreages. <br />The Division concurs with the disturbed area acreages as reported by the operator. <br />Total disturbed area= 401.4 acres <br />Disturbed acres at the loadout= 11.7 acres <br />Disturbed acres at the mine= 389.7 acres <br />Based on the observations above, the Division proposes to approve KCC's request for a Phase I and II <br />Bond Release for permanent structures, roads (including a 9.0 acre mine access road) and reclaimed ponds <br />at the Marr mine area (57.7 acres). Phase III Bond Release is proposed for permanent structures and <br />permanent ponds (48.7 acres) at the Marr Mine area. The mine access road (9.0 acres) will be excluded <br />Marr Mine SL4 14