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Permanent Pond Demonstration <br />Two sediment ponds remain, one at the portal area and one at the coal sales yard. In <br />a letter signed by the landowner, Jeffrey Boleski on June 18, 2007 and received by <br />the Division on June 25, 2007, the landowner has requested that both ponds remain <br />as permanent for livestock and wildlife usage. With the exception of a small area <br />exemption at the portal area, all reclaimed areas drain to one of these permanent <br />impoundments. Significant capacity remains for water and sediment retention in <br />both of these ponds. The locations of the ponds will assist in keeping grazing animals <br />dispersed over the revegetated area. No structural instability or signs of damage have <br />been observed or documented through inspection at either pond. The portal area <br />sediment pond sits on the reclaimed portal bench and has both a lower weep hole on <br />the primary discharge riser as well as additional discharge capacity through the top of <br />the riser. No buildings, roads, or other structures exist in the immediate areas <br />downstream of these ponds should the pond discharge or fail through some <br />catastrophic event. All water retained by the sediment ponds consists entirely of <br />surface runoff from rain and snowmelt, therefore, quality of the water retained in the <br />ponds would be expected to be excellent for domestic livestock and wildlife in <br />general. <br />V. SUMMARY <br />The Twin Pines No. 2 Mine is a permit revocation/bond-forfeiture site. No public <br />comments were received concerning the TOJ process from the public or from the <br />landowners within the permit area. The landowners or their representatives did not <br />attend the final inspection and have voiced no objections during the revegetation <br />liability period. Periodic Division field inspection has identified no significant on- <br />the-ground issues and final inspection indicated the site is in excellent condition. <br />The post-mining land use of rangeland has been achieved, with a self-sustaining mix <br />of grasses and forbs well established as demonstrated by results of two years of <br />vegetation sampling. Actual use of the reclaimed area for cattle grazing has been <br />demonstrated and observed during the later years of the revegetation period. The site <br />presents no hazards to public health and safety. <br />VI. PROPOSED DECISION <br />The Division finds that all surface coal mining reclamation operations have been <br />completed in accordance with the approved reclamation plan and that the Twin Pines <br />No. 2 Mine meets all reclamation requirements of the Rules and the Act, to the extent <br />possible considering the revoked status of the permit. The site appears to have <br />successfully achieved the post mining land use. Based on the findings set forth above, <br />the Division proposes to terminate jurisdiction at the Twin Pines No. 2 Mine. This <br />proposed decision terminates all Division of Reclamation, Mining, and Safety <br />involvement for the permit area of the Twin Pines No. 2 Mine. <br />18