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Mike Boulay -2- March 3, 2008 <br />permit area, the subject area would be excised from the permit area, and the amount of <br />the bond associated with reclamation of the Alternative Land Use area would be <br />released. Please confirm that you concur with this approach, or provide rationale <br />and regulatory basis for an approvable alternative. <br />SCC: SCC concurs with the DRMS' approach on the bond release. <br />2.05.4(2)(c) and 4.14 Backfilling and Grading <br />3. DRMS: The modified postmining topography proposed on revised Exhibit 11 C does <br />not duplicate the pre-mine topography within the rail loop area. The proposed plan would <br />eliminate a hill in the central and western portions of the rail loop disturbance area that <br />was present in the pre-mining landscape (see Exhibit D). Exhibit D depicts a distinct <br />topographic rise of 25 to 30 feet within the loop area, with slopes of up to 20% on the <br />hillslope uplands (formerly dry rangeland), and relatively flat topography to the east <br />(formerly irrigated agricultural land). In contrast, proposed Exhibit 11 C and Exhibit 59 <br />cross-sections depict relatively flat topography (less than 1 % slopes) throughout the <br />proposed graded area within the loop (approximately 44 acres), with the hill eliminated <br />and the former irrigated land surface elevation increased by approximately five feet, on <br />average. In addition, topography within the loadout area would also be altered by <br />proposed retention of the railroad loop and associated fill, and minor excavation <br />associated with Sediment Pond 1 & 2. <br />The Division has given careful consideration to whether the proposed plan complies with <br />approximate original contour (AOC) requirements of the regulations, given the <br />differences between premine topography and proposed postmine topography described <br />above. <br />In the application cover letter and within text on amended pages 14-9 and 15-1, the <br />operator indicates that the loadout and adjacent areas, including portions of the rail spur <br />and overland conveyor, would be used as an industrial site postmining, that the loop <br />area would be graded relatively flat to support the industrial use, and that the rail loop <br />would remain in place, since it is a key feature for the industrial use. The operator's <br />justification for the proposed topography is, in essence, that the proposed topography is <br />necessary to support the proposed industrial postmining land use. The Division's <br />understanding is that the proposed use would involve expansion of the construction <br />material rail off-loading and storage operation that is currently approved on a temporary, <br />operational basis, for portions of the loadout area. More detail on the proposed <br />industrial use is necessary and is requested in a later section of this letter. <br />Rule 4.14.1(2)(b) requires that backfilled material "shall be placed to...support the <br />approved postmining land use". Rule 1.04(71) states that land uses"defined by the rules <br />"...may include land used for support facilities which are adjacent to, or are an integral <br />part of the land use..." Rule 1.04(71)(f) states that "Industrial or Commercial" use may <br />include support facilities such as "rail, road, and transportation facilities". The Division <br />has evaluated the proposal with consideration of these land use based requirements, <br />along with consideration of backfllling and grading requirements pertaining to the <br />restoration of AOC.