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Mike Boulay -33- April 11, 2011 <br />obtaining a reclamation permit for the proposed excavation location of material <br />intended to be utilized as fill for the coal loadout facilities. The Division's <br />minerals section determined that the proposed operation would need a <br />reclamation permit. Tavistock challenged the Division's decision and requested <br />a Declaratory Order from the Mined Land Reclamation Board (Board) exempting <br />the proposed operation from the need to obtain a reclamation permit. A <br />declaratory order hearing was scheduled for the November 17, 2010 meeting of <br />the Board. However, Tavistock and the Division mutually agreed to continue this <br />hearing to the December Board meeting to allow for additional research to be <br />conducted into the need for a reclamation permit (Construction Materials, Coal, <br />or a combination) for this borrow site location. On page 2.05-28 CAM states <br />"Most of the imported fill will be obtained from an adjacent DMRS permitted <br />gravel pit." Please clarify this statement and identify in the application the <br />permitted pit including name, location and DRMS Permit Number. Also <br />please note that DRMS is incorrectly spelled on this page of the <br />application. <br />CAM: The revised rail alignment generated approximately 15,000 CY of excess <br />material, and therefore, a coverill pile has been designed and can be seen on <br />Map-16. Therefore, 70,000 CY is no longer needed for construction of the rail. <br />Rule 2.05.4(2)(d) Removal Storage and Redistribution of Topsoil, Subsoil, and Other <br />Material <br />66. The applicant plans to replace topsoil to an approximate 6" thickness on the areas <br />from which it was salvaged. Narrative in the text section indicates that regraded <br />surfaces will be ripped prior to topsoil replacement, "if necessary to relieve <br />compaction". Given the heavy textured subsoils and extent of compaction that will <br />occur within the facilities area, ripping will be warranted. Please clarify that <br />"ripping to a minimum 2 foot depth will be employed on regraded surfaces <br />prior to topsoil replacement'. <br />CAM: Please see revised page 2.05-30 <br />Rule 2.05.4(2)(e) Revegetation Plan <br />67. Narrative regarding the schedule of revegetation indicates that the time frame for <br />revegetation could vary from as little as five years to more than 10 years. The <br />intended meaning of this statement is not clear. Please provide language to <br />clarify that permanent revegetation would be conducted during the 3`d or 4tn <br />year following permanent cessation of operations, to be consistent with the <br />reclamation schedule in 2.05.4(2)(a). <br />CAM: Please see revised page 2.05-31