1997-06-13_REVISION - M1981302 (69)

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11. On February 21, 1991, Western Mobile filed a technical revision request known as "TR-04"with the Division. TR-04 requested an adjustment in the amount of slurry material to be used in the reclamation of the Deepe Farm Pit and a neighboring pit called the Marshall Pit, which is subject to a separate permit, Permit M-89-041. The Marshall Pit is not the subject of these proceedings. 12. On March 22, 1991, the Division approved TR-04 and the reclamation plan map associated with TR-04 (Exhibit No. 13). That approved map is the April 27, 1989 Deepe Pit Reclamation Plan map submitted with the April 27, 1989 permit amendment request filed by Flatiron, and approved by the Board after the succession of operator to Western Mobile. The Deepe Pit Reclamation Plan map approved with TR-04 includes the TR-04 revisions dated"2/15/91." This reclamation plan map supersedes all other reclamation plan maps and is the reclamation plan map from which the current reclamation plan amendment is requested. 13. On or about November 4, 1996, the Regents of the University of Colorado ("Regents") purchased the Deepe Farm Pit from Flatiron. An October 25, 1996 "Sublease Estoppel Certificate"with the Regents obligates Western Mobile to seek the reclamation plan amendment that is the subject of these proceedings. 14. On February 21, 1997, Western Mobile filed a request to amend the approved Deepe Farm Pit reclamation plan. The proposed amendment includes: (a) the excavation of a shallow surface water drainage channel that will be connected to a similar such channel on the adjacent Turnpike Pit located at the north end of the Deepe Farm Pit; (b) an extension to the south and west of the previously approved surface water drainage channel; and (c) a reduction in the number of pit lakes from five to two. 15. The reduction in pit lakes proposed in the reclamation plan amendment reflects geologic realties at the Deepe Farm Pit resulting from the removal of sand and gravel by both Flatiron,the original operator of the site,and Western Mobile,the current operator of the site. These realities relate to higher shale elevations on the pit floor, and less sand and gravel in the deposit than forecast at the outset of mining. The reduction in surface water proposed in the reclamation plan amendment will eliminate the evaporation of approximately 68 acre feet of water per year, and maintain post-mining land uses of agriculture and wildlife habitat identified in the original December 21, 1981 permit application as approved by the Board on April 22, 1982. 16. The reduction in the number of pit lakes and the resulting conservation of surface water proposed will occur, if approved, as follows: (a) Pond 1 (2.3 acres) remains unchanged; (b) Pond 2 would be reduced in size from 6.9 acres to 1.9 acres due to final pit floor elevations 3