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RULE 4 PERFORMANCE STANDARDS <br />On a quarterly basis, a certified report by a registered engineer will be completed taking into <br />consideration any changes and will note any evidence of surficial slope failure or the formation of <br />springs or seeps on the face of the fill. <br />4.10-4.12 DISPOSAL OF EXCESS SPOIL <br />These sections are addressed in the original permit. <br />4.13 CONTEMPORANEOUS RECLAMATION <br />All reclamation efforts, including backfilling, grading, topsoil replacement and revegetation, of land disturbed <br />by the mining activities in the South Taylor pit shall occur as contemporaneously as practicable with mining <br />operations. Colowyo is formally requesting a variance for a delay in contemporaneous reclamation in the <br />South Taylor mining area due to the unachievable requirements listed in Rule 4.14.1(1)(d). To view the <br />specific area covered under the requested variance from contemporaneous reclamation, please refer to Map <br />29A. <br />4.14 BACKFILLING AND GRADING <br />4.14.1 General Requirements <br />The mining operations of Colowyo will not employ the use of contour mining methods. <br />The original permit demonstrates that Colowyo does not have thin or thick overburden as defined in <br />Subsection 4.14.4 or Subsection 4.14.5. There is always more than enough overburden to reestablish the <br />original elevation. <br />The mining plan, as described in Section 2.05.3, maximizes coal conservation and recovery while minimizing <br />adverse environmental impacts. Because of the multi -seam mining configuration planned by Colowyo, an <br />exemption from the 180 day or four spoil ridge limitations has been formally requested at the date of this <br />submittal. The mining plan has been designed as a continuously- moving open pit operation with the mine <br />advancing approximately parallel to the dip of the numerous coal seams. The mining operation is an <br />extension of the existing Section 16 mine operation, and will progress in a southward direction with <br />shovels /trucks/ proceeding along the entire length of the mining area (Map 23A). With the numerous benches <br />used in an open pit operation, the mine area will be opened for some time until the equipment comes back to <br />initiate another pass on a designated bench. <br />As the mining operations remove coal seams, the mining area must be left open until such time as the lower- <br />most coal seam can be recovered. With the mining configuration, the time differences between mining the <br />upper -most seam versus the lower -most seam will be greater than 180 days. As the operation advances, <br />backfilling will be as contemporaneous as practical but not so as to interfere with removal of the lower -most <br />coal seam. Colowyo will rough backfill and grade as shown on the Map 29A. All disturbed areas will be <br />returned to the appropriate final contour by grading and backfilling with the use of a dragline, trucks, dozers, <br />and scrapers. Additional detail of the backfilling and grading for the mining operation is set forth in the <br />discussion under Sections 2.05.3 and 2.05.4. <br />The area to be mined will be restored to a topography approximating pre - mining grades. The slopes of <br />backfilled areas, as necessary, will utilize terraces and/or contour furrows for erosion control and stability. <br />These terraces and contour furrows will be constructed according to the requirements outlined in Section <br />2.06.2. Where applicable, Colowyo will retain all overburden and spoil on the solid portion of existing <br />benches. The final graded slopes will not exceed the approximate original pre- mining slope grade as shown <br />South Taylor/Lower Wilson — Rule 4, Page 16 Revision Date: 10/31/13 <br />Revision No.: MR -129 <br />