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111. COYYENT9 - COYPLUNCE <br />Bel°w ae oommerme on die kn~errim. The canmer~Ee trride d~ion of abcerv~lons made durtrg dre mom. CommenU elm de~ibe <br />en/ enlwcemet erbare Oaken dung die iiepemon end Use ~Cted evidence euPP~~B the enboement action. <br />Carry-over Items of Concern: Excess height of baclffill in a portion of the Section 16 Pit. Mitigation being <br />considered, as a midterm review item, is a variance to oartemporaneous reclamation and an adjustment to <br />the reclamation cost estimate. <br />To ol: This inspection was conducted in response to a telephone request from the permittee [Jim Kiger of <br />the Cobwyo Coal Company. L.P. (Colowyo)]. Cobwyo had identified a safety problem with the planned <br />removal (savage) of topsoil in the advance of the East Pit (~ the extreme southeast comer). Cokrwyo <br />wanted to obtain Division concunence that safety concerns prevented removal of topsoil in certain areas. <br />The Division concurs. The area where topsoil is being stripped is a steep-sided ravine in the vicinity of <br />N335000 to N3,3600 and E135.5000 to E1356000 (see Map 23, Mine Plan)(also seethe annotated extract of <br />Map 6, Soils, attached). Topsoil in advance of the southern progression of the East Pit was being removed <br />by both Coknrvyo and contract work The area of variance is being stripped by contract. Stripping was going <br />very well and salvage of topsoil was exemplary. Available topsoil was being scraped off the ravine sides by a <br />dozer to the bottom, loaded by backhce, and truclted out (see photographs). The crest ridge to the south of <br />the ravine is caused by bedrock In the subject variance area, the slope was measured to be 40° or about an <br />85% slope. There was less than 3 inches of topsoil and subsoil over the bedrock (see photograph). Dozer <br />grousers could not grip into the bedrock, maWng controlled decent of the dozer impractical and the <br />operation hazardous. The operator intends to scrape any available topsoil off this steep slope as far up from <br />the bottom as the bacldloe can reach. Topsoil in the bottom of the ravine will be removed as the operation <br />works its way out of the area to the east. <br />The Division grants a variance from topsoil removal as provided for under Rule 4.06.2(2}(a). Operational <br />safety is considered °good cause shown° for the subject variance area This variance is applicable only to <br />the area sketched on the attached annotated map extract. <br />[Five pictures are on file (or will be after development) at the Division.] <br />Topsoil being removed was being direct hauled and placed in an area to the northeast of the active East Pit. <br />Depth was being controlled by constructions stakes and met permit requirements. The shrub test plots had <br />been surveyed and staked out. <br />Other. Mick Augares of Anson Excavating was also met on site. <br />Page -~ of ~ Pages, DeOe (1 fT Initials -Gr.~~ <br />