_GENERAL DOCUMENTS - C1981017 (301)

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Attachment to Permit Renewal Application Permit# CO-0000396 Page 9 building remains.) The foundations of the buildings have also been remcved and buried, as has the paving in the parking lot. Control Reclamation activities are being carried out by the Division of Minerals an:c Gccir y. A. contractor, hired by Mid-Continent to remove the facilities and equipment as par7 of salvage and liquidation of mine assets, completed work in 1997. As cf 11998, acti iry at the site is being carried cut by the Colorado Division of Minerals and Gec•icey ;DMG;, and their contractors. DMG contractors are presently completing DMG projects, wnich include: The Huntsman Proiect Approximately 53,000 to 60,000 cu. yds. of coal refuse material is being transported from the original refuse pile #1 to an area behind the former site of the former preparation plant. The material has been used in connection with the backfill-grading work being done in this area. As indicated, the project is being carried out by a DMG contractor, under the direction and control of the DMG, funded by a state Grant. as Mid- Continent's approved reclamation plan did not contemplate or provide for disturbance of the old refuse pile, or transport of material from this site. and the sector of refuse pile which is being disturbed in connection with this project is a pre-law disturbance (i.e., in place prior to and undisturbed since passage of the Surface Mining Control and Reclamation Act.] Dutch Creek Diversion DMG is excavating a new stream channel to convey flows from Dutch Creek through the yard. The new stream channel will extend will extend across and will intersect the yard, and will be located primarily on propery of the U.S. Forest Service. The project is being carried out by DMG contractors under DMG direction, financed by a federal grant, as Mid- Continent's approved reclamation plan did not contemplate such a project. The new stream channel will intersect the ditch leading to the C01 ponds. The result is that runoff from the preparation plant area will not flow to the 001 ponds, whereas runoff from the yard and the refuse pile will continue to do so. Mid-Continent has requested that DMG provide alternate sediment control measures for the preparation plant area. Mid-Continent has requested a declaratory judgmert by the District Court. Pitk;n Ccunty S,a`e of Colorado, Case No. 97 CV 131-3. as to rights and responsibilities lor cleanine cf sediment from the OC I ponds Further activity anticipated for these areas includes transport and placement cf topscll