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• <br /> The operator has submitted as-built topographic maps of the mine site and . <br /> refuse area. The site was flown after regrading of the total area was <br /> accomplished in order to develop these topographic maps. As previously <br /> stated, the site has been reclaimed in accordance with the plan submitted in <br /> technical revision No. 6 and approved September 7, 1987. In many cases the <br /> reclaimed slopes are of lesser slope than those approved in the plan and <br /> should enhance vegetative establishment, stability, and post-mining land use <br /> of the area. The approved post-mining land use for the mine site is <br /> unimproved range land. The post-mining land use for the loadout is irrigated <br /> pasture land and haylands, each matched to the specific site capability. <br /> The site of the truck dump was located on an elevated upland terrace of the <br /> 'Roaring Fork river. All facilities have been removed at this area except for <br /> the haul road and the truck dump pad which will be utilized by the ranch <br /> manager as a hay storage area. The haulroad has remained in to allow access to <br /> this hay storage site. The road was left in accordance with approval given in <br /> technical revision No. 6 as requested by both the operator and the land <br /> owner. The lower portion of this road cuts across approximately two acres of <br /> prime farmland. The Federal Surface Mining Control and Reclamation Act has a <br /> prime farmland restoration exemption in 30 CFR 823.12. However, the rule was <br /> remanded by District Court Judge Flannery in 1984. In his decision he <br /> states,"an across-the-board application of (prime farm land) requirements, <br /> without an exemption for surface facilities that are actively used over <br /> extended periods of time but affects minimal amount of land, was found to be <br /> arbitrary and capricious". The Office of Surface Mining is required to <br /> propose new rule making concerning prime farmland or else remove the <br /> exemption. At this time, new rule making has not been proposed and therefore <br /> the status of this road is in question. For this reason an additional bond <br /> amount of $45,000.00 has been retained in order to assure that reclamation of <br /> the prime farm land could be accomplished if new rule making excludes this <br /> exemption. <br /> The No. 1 mine portals have been sealed with hydraulic seals. The No. 3 mine <br /> is drained by its pre-existing pipe to the river. The new NPDES permit for <br /> this site (007) will be sampled monthly for pH, flow, and oil and grease. The <br /> water has always been of good quality and no problems are expected from this <br /> discharge. <br /> The main channel through the No. 1 mine site has been reestablished with a <br /> filter fabric underliner and rip rap. The diversion channels of the refuse <br /> pile have also been established with an underliner of filter fabric and rip <br /> rap where required. <br /> An Abandoned Mines Land project area exists at the mine site at the portal of <br /> the abandoned Thompson No. 2 coal mine. This portal area was never utilized <br /> by Snowmass Coal Company and is not within the permit area. The discharge <br /> from this site has exhibited high iron content and a low pH. The Inactive <br /> Mine Reclamation Program of this Division installed a passive mine drainage <br /> treatment system in early 1985. Potential requirements of an NPDES permit was <br /> waived by the Colorado Water Quality Control Division. Accordingly, the <br /> -4- <br />