2012-06-04_REVISION - C1981014 (2)

Home Browse Search

that the Applicant prepare a pre- mining topography map, which is found on Map 6, Pre - Mining Topography Map and also on the 1959 USGS Quad Sheet, these issues are irrelevant with respect to Map 28, Post - Mining Topography Map and the approved Reclamation Plan. Therefore, the continued mention of pre- mining conditions by the CDRMS with respect to the currently approved Portal RA as well as the proposed Portal RA are misleading and irrelevant to TR39. Concern: Based upon pre permit aerial photos, and mine area topographic maps (Map14) the pre- disturbance landscape tended to have ridges and valleys tending southwest to northeast. The Southfield portal area was a narrow valley between ridges. Since the portal area was disturbed prior to the State permanent program, there was no pre- disturbance baseline data for the portal area. Aerial photos would allow one to project that the portal area was a narrow valley with both southeast facing hill slopes and northwest facing hillslopes. The Division believes the currently approved Portal Reference Area (Plot B) would reasonably represent the northern facing slopes of this vegetation types [sic]. The proposed Portal Reference Area appears that it would reasonably represent southeasterly slope aspects of this community. The Division suggests that utilizing both the PPJ reference areas to represent this vegetation community may be a reasonable approach. Response: Pre - mining conditions are irrelevant in evaluating the appropriateness of one reference area over another. The Division states that "the currently approved Portal Reference Area (Plot B) would reasonably represent the northern facing slopes of this vegetation types [sic]. The proposed Portal Reference Area appears that it would reasonably represent the southeasterly slope aspects of this community." Their comments and conclusions are based upon faulty reasoning that are contrary to their regulations and approved Permit. Contrary to the repeated mention and reference by the CDRMS, the pre- mining aerial photos, and Maps 14 and 16, have absolutely no bearing on this issue. The specifics of the reclamation plan are driven by the Map 28, Post - Mining Topography Map and not Map 14 or 16, which were prepared based upon topographic contours produced in 1989 during active mining. Map 28, Post - Mining Topography Map shows very few north facing slopes. The CDRMS effectively negated these conditions when the approved the Magpie Creek stream diversion, which resulted in nearly all of the pre- mining north facing slopes being converted to east and south eastern facing slopes on the Vento Property. EFCI acknowledges that there are north facing slopes located on the Corley Property, but submits that given the small percentage of area corresponding to the north facing slopes, there is no reason why the portion of north facing slopes found within the boundaries of the proposed RA cannot adequately address this concern and there is virtually no reason why a separate north facing slope RA must be sampled as this site. Approval of the Phase I Bond Release for the entire Southfield Mine Portal Area, confirms that the Division effectively removed all north facing pre- mining slopes on the Vento Property and most of the north facing slopes on the Corley Property when the approved the Magpie Creek stream diversion. EFCI requests that the CDRMS provide a written explanation addressing how they approved nearly the total elimination of nearly all pre- mining north facing slopes with the 7