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Flic hard D. Lamm <br />Gcvernor <br />DEPARTMENT OF NATURAL RESOURCES <br />Dav,d H. Getches. Executive Duector <br />MINED LAND RECLAMATION DI1 <br />DAVID C. SHELTO N, Director <br />January 23, 1985 <br />hlr. D. Larry Damrau <br />Permitting Coordinator <br />Twentymile Coal Company <br />P.0. Box 897 <br />29515 RDUtt County Road 27 <br />Oak Creek, Colorado 80467 <br />Re: Fish Creek Tipple Permit Application File P1o. C-036-81 <br />Dear Mr. Damrau: <br />The D1V1SlJn has reviewed the Fish Creek Tipple permit application for <br />compliance with the Rules and Regulations promulgated pursuant to the Colorado <br />Surface Coal t4ining Reclamation Act. This application was submitted on <br />I•iarch 30, 1983 by Twentymile Coal Company (TCC). preliminary findings of <br />compliance have been written as seen on the attached draft findings document. <br />Before the findings document can be finalized some questions need to be <br />answered. Other problems are incorporated into the draft findings docwnerit as <br />stipulations. Additionally, there are some c:~anges that need to be made whera <br />language was taken from the Energy No. 3 permit application and not changed in <br />this application. TCC should n>vie'+t the draft findings dou,nent and <br />stipu'ations, If infordatinn cap ',~ ?resented to elininar.~~ ='.t~ stipulations <br />•; _ <br />~: ~.,~:i:' ~> the son's cnrce <br />Backfillina and Gradin <br />On page 2.05-31 TCC requests the Division to modify Rule 4.14.2, general <br />grading requirements. The Division leas no authority to modify those <br />regulations. <br />It appears that TCC is requesting a "variance" from the approximate original <br />contour (AOC) requirements of Rule 4.14.1. The Fish Creek Tipple facility was <br />constructed on 25 to 35 feet of fill material. Again, there are .no exemptions <br />from AOC in this case. However, the definition in Rule 1.04(13) allows for <br />some leeway. The final surface configuration must resemble rile predisturbed <br />topography and compliment tfle drainage pattern of the surrounding terrain. <br />TCC .nay 6e able to demonstrate this can be achieved. The situation is <br />complicated, though, if there is an alluvial valley floor (AVF). <br />iii iiuiiiiuiiiiii <br />999 <br />