2009-12-11_REVISION - M1977036 (13)

Home Browse Search

Page 4 of 5 TETRA TECH Mr. Jared Ebert December 11, 2009 currently exists in the berm along 35` Avenue. Also, please provide an estimate for the amount of topsoil that will need to be imported and a signed affidavit certifying the material is clean and inert, as defined in Rule 1.1 (20). There is approximately 26, 000 cubic yards of topsoil in the berm along 35` Avenue that is north of the access drive and adjacent to the East Cell. The soil in the berm adjacent to the plant site (south of the access drive) is planned to remain in place because the plant site will continue to be operational following the mining of the 35`" Avenue site. There is also 10,000 cubic yards of topsoil on the Lafarge Brown property that will be set aside when the site is mined sot that it can be used for reclamation. Depending on how the 60.5 acre area to be reclaimed as a wetland or upland is eventually reclaimed, we estimate that between 31,357 and 80,161 cubic yards of topsoil will need to be imported to reclaim the site. If the site is simply filled with silts to a wetland elevation, no topsoil will be needed for this area; however, if the site is filled to the elevation of an upland, 6" of topsoil will be needed for this area. As requested, attached is a signed affidavit certifying the material imported will be clean and inert (I will mail you the original signed affidavit as soon as I receive it). J. Please address item 26 from the first adequacy review: 26. Since 140 Acres of open groundwater will remain after the site is reclaimed, Lafarge must obtain a court approved augmentation plan from the Office of the State Engineer. The Division is required to set the financial warranty at a level which reflects the actual current cost of fulfilling the conditions of the Reclamation Plan per Rule 4.2.1(1). Therefore, without an augmentation plan in place the financial warranty must be set at an amount which accounts for the exposed groundwater. The Division has identified several options for determining the amount of the financial warranty. The applicant must choose one of the following options to be included in the financial warranty calculation: a. Backfill all of the pits to two feet above the groundwater level. b. Install a slurry wall or clay liner. c. Provide the Division with documentation from SEO, which demonstrates that the Application owns a sufficient amount of shares of water to cover the evaporative losses from the exposed groundwater and the said shares have been committed to the SEO should the financial warranty forfeited and the permit revoked. If the applicant obtains an augmentation plan prior to final release, then the financial warranty will be adjusted accordingly. Lafarge is still deciding how to respond to this comment; we will submit a response as soon as possible.