2009-05-06_REVISION - C1982057 - Laserfiche WebLink

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TR-62- Midterm review responses (2nd round) Page 3 • The Use of Landscape Fabric and Supplemental Irrigation to Enhance Survival and Growth of Woody Perennials Planted on Reclaimed Surface Mine Lands (February 2009) SCC recommends that these reports remain in the ARR, since they represent the results of the approved Study Plan contained in Appendix 22-3. This will remain consistent with presentation of other monitoring efforts and results that are submitted in annual reports rather than inserted into the PAP. Submission of these annual reports is also required by the approved permit document but they are not included/inserted into the Permit document. SCC has understood that the Annual Reclamation Report is also part of the official record/permit for Seneca operations. 6. The revision includes proposals for several permanent features (roads, ponds, stock tanks, and structures), and, for most of the features, includes favorable comments on their retention from the owners of affected lands. In addition to the required landowner comments, the following regulatory requirements need to be addressed.- a. For all features other than the roads, please provide, as required by Rule 2.05.5(1)(a), a description of how the proposed features will be compatible with the approved postmining land use (this information was adequately provided for the roads). __ -__ g b. Please provide the Division with comments rom Routt- Cou?t ! (in-a?cordance_mth_.$g102.05.5 1 . _ _ .()(b))andicatin their nowledge of and agreement with rrIentio!! jo alltrop osed, permanent tures c. For the sedimentponds and stock tanks, please submit information to address the requirements of Rule 4.05.9(13), and, in accordance with Rule 2.055(1)(6), provide documentation that the State Engineer has been contacted and any additional requirements of the State Engineer have been met (dam safety, water rights/augmentation). If there are specific requirements of the State Engineer regarding water release/ augmentation or pond maintenance, SCC will need to obtain letters from affected landowners acknowledging any such requirements or conditions. d. It is not clear whether SCC has addressed permanent retention of the shop area water well with the state engineer. We were able to locate documents (Attachment 16-A) that indicated that the well was temporarily approved as a production well for the duration of mining operations, but it is unclear whether or not SCC has rights for use beyond that time. Please either obtain the necessary approval orprovide documentation of prior approval. e. The Division did not find landowner comments regarding retention of Sediment Ponds 005, 009, 016, or 016A; stock Tanks 2, 3, 18, 20, 22, Or 24; or the fencing on lands not owned by SCC. Please submit comments from the applicable land owners for all proposed permanent structures. The Division cannot approve SCC's request for retention of these features until all of the above mentioned regulatory requirements have been addressed. Please include language in the permit application package that specifically lists the missing items and commit to satisfying all remaining regulatory requirementsprior to final bond release. Response: SCC understands that final approval for the proposed permanent features cannot be obtained until all required documentation and approvals have been submitted. This process does not occur overnight, therefore SCC is alerting the Division as to what features and structures are proposed and will continue to provide the required documentation as they are received. a) Attachment 20-2 has been reformatted to hid ht the reauested information. b) We question whether Routt County has any interest or authority in such matters, unless a change in land use is being proposed, or unless a county road is involved. However, SCC has requested Seneca Coal Company • P.O. Box 670 • Hayden, Colorado 81639 Telephone (970) 276-5219 • FAX (970) 276-5222