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The East Mine area was developed in 1976 -Pre-SMCRA- and has operated <br />continuously since. Approved programs in the States of West Virginia and <br />Kentucky allow for underground operations that were developed prior to SMCRA <br />and have con inued to operate in the same location to eliminate highwalls to the <br />maximum ext~nt technically practical using all reasonably available spoil. This <br />possible variance from total highwall elimination does not currently exist in the <br />Colorado approved program. Initial discussions between OSM and MLRD have <br />occurred regarding the possible revision of Colorado's program to include this <br />scenario but it may be years before a program amendment would be approved. In <br />addition, it is unknown as to what extent it would apply to the East mine area. <br />The Orchard Valley Mine permit does not currently meet the regulatory <br />requirements for the backfilling and grading of the East mine area. MLRD has <br />indicated that this situation will be reviewed during the ongoing Mid-Term review. <br />The Albuquerque Field Office(AFO) will, at this time, defer to that review. However, <br />if the deficiency is not corrected within a reasonable time additional action by AFO <br />may be necessary. <br />Warehouse level -The East side of this area(bench) is being utilized for the <br />temporary storage of coal. Also, the underground oil tanks that service this area <br />are scheduled to be removed so as to address the long term solution to upcoming <br />Dept. of Health regulations. <br />Crusher/Screening area -This is a well maintained area. There was, however, a <br />recent spill of "resin" material. The contaminated material has been Leaned up with <br />samples currently being analyzed by Health. Final analysis will determine the <br />location for disposal. <br />West Ridge Coal Waste disposal area -While this area had been utilized as a <br />"disposal" area in the past the most recerit activity to occur was that of removing <br />the material for fuel by a local power plant. Due to a shut down of the power plant <br />this activity has also ceased. A decision will be made later this year as to whether <br />or not the removal of the waste material will continuo. If not, the pile will again be <br />upgraded to a "disposal" site. Outslope protection, surface water conveyance <br />system and quarterly certifications are all maintained and current. Minor grading <br />may be needed to ensure positive drainage is maintained in the area of past <br />removal activities(upperhench). <br />The c+isturbed area drainage controls for the above listed areas consists of a series <br />of 4 ; -fabricated(metal/earthen filled) structures that utilize a combination of drop <br />inlet I icipal and open channel emergency spillway systems. All four structures <br />appe o be functioning as designed. The second structure in series is exhibiting a <br />deposition of material on the ouffall apron. This material appears to be a result of <br />