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approved reclamation plan specifies that irrigation of reclaimed areas is not contemplated. <br /> Permit Application Form, Signature Page, and Attachment to Application, Pages 1 and 2: <br /> During the winter and spring of 1998, Minerals and Geology made Mid-Continent aware of plans <br /> to complete reclamation of the Coal Basin Mine site. A consultant to Mid-Continent was sent to <br /> meet with representatives of Minerals and Geology for the purpose of discussing reclamation <br /> criteria pertinent to the areas now controlled by Midcon LLC. <br /> Attachment to Application, Pages 1 and 4: Reclamation construction may be delayed as a result <br /> of litigation brought against Minerals and Geology by Mid-Continent. Reclamation may not be <br /> concluded until 2000. <br /> Attachment to Application, Pages 2 and 6: Mid-Continent has filed a suit against Minerals and <br /> Geology in Pitkin County District Court in an effort to contest a portion of the reclamation. Mid- <br /> Continent seeks to halt reclamation of steep slopes below the mine benches on Federal land. The <br /> Division believes that reclamation of these slopes will minimize sediment mobilization from the <br /> site. <br /> Attachment to Application, Page 6: Regarding timing of pond removal, Minerals and Geology <br /> does not believe that it and the Forest Service have sole determination of the timing of pond <br /> removal. If the pond outfalls remain permitted discharge structures, Water Quality Control also <br /> becomes involved in the decision making process. <br /> Attachment to Application, Page 9: Minerals and Geology is not aware that Mid-Continent has <br /> requested that alternative sediment controls be established for the preparation plant area. <br /> Nevertheless, such controls were established in compliance with the storm water discharge <br /> permit application filed by Minerals and Geology in the fall of 1998. <br /> Attachment to Application, Page 11: Regarding outfall 009, a map prepared by Mid-Continent <br /> and provided to Minerals and Geology indicates that the majority of the 009 pond contributing <br /> area, and a portion of the pond itself, are located on land now owned by Midcon LLC. <br /> Attachment to Application, Page 12: During reclamation of Mine 3 in 1995, Minerals and <br /> Geology filled a pond located on the north side of the Mine 3 bench at an elevation of <br /> approximately 10,000 feet. Maps in the Mining and Reclamation permit indicate that outfall 015 <br /> is located on the south side of the Mine 3 bench. Minerals and Geology believes that a pond with <br /> a cmp outfall device is still in place at the south side of the Mine 3 bench. <br /> Attachment to Application, Page 14: It is the understanding of Minerals and Geology that <br /> outfall 022 is located on property now owned by the United States. <br /> cc: Dave Bucknam <br /> c:\sgr\legal\npdesap.wpd <br />