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Mike Boulay <br />-26- July 8, 2011 <br />63a. In the last paragraph on page 2.05 -23, please indicate that soil samples were <br />obtained during May 2010 and March 2011. <br />CAM - Page 2.05 -23 was revised to indicate soil samples were obtained during May <br />2010, March and May 2011. <br />Rule 2.05.3(6) Overburden <br />63b. Page 2.05 -26 describes the borrow area and its potential uses. Might the <br />material also be used for embankment for the rail line and the roads? If so, <br />please revise the list to include these uses. <br />CAM - Page 2.05 -26 was amended as requested. <br />63c. Section G -G' on Map 12 indicates that the borrow area will be excavated to a <br />depth of approximately 10 feet. Soils test TCU 4 (Exhibit 7) was done by <br />auger to a depth of 36 inches. No rock was found in the top three feet. Is <br />rocky, pit run material expected to be present between 3 and 10 feet? If so, <br />is this a potential source for the pit run required for road construction? <br />CAM - Sample name is TLO -4. Rock is present at a depth in excess of 15 feet. CAM <br />does not anticipate borrowing pit run gravel from the material storage area. <br />Rule 2.05.4(1) Reclamation Plan <br />64. Division Response: Response accepted: <br />65. The application states that approximately 70,000 cubic yards of fill will be <br />imported to construct the rail spur, rail loop and haul road and that this <br />overburden material will be obtained from a permitted gravel pit. The Division <br />has received documentation indicating this material will come from the adjacent <br />parcel owned by Tavistock Partners, LLC, which is not a permitted gravel pit. <br />Tavistock requested a determination from the Division regarding the necessity of <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 />