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Memo to Steve Renner <br />Fruita Highwall Stability <br />page 10. <br />by Mr. Lewicki, this would allow the operator to backfill a maximum <br />vertical face of 26.5 feet. The top of the dipping Cameo coal seam <br />rises from 8 feet above the portal bench surface at the pocket end <br />of the portal bench, which was covered in 1990, to a maximum height <br />of approximately 50 feet adjacent to the front end of the portal <br />bench. Therefore, at a maximum, approximately an additional 25 ~ <br />of the outcropping seam face exposed on either side highwall of the <br />Fruita Portal Bench could be backfilled in a stable configuration. <br />In recognition of the extent of redisturbance of the site necessary <br />to complete this limited partial backfilling of the highwall, and <br />the minimal portion of the exposed seam which would be covered by <br />this reclamation alternative, I conclude that Chia activity is not <br />justified. Finally, in light of the vegetative stabilization which <br />has occurred subsequent to the 1990 reclamation of the site I <br />recommend we forego any additional regrading of the site. I am of <br />the opinion that the limited benefit does not warrant the <br />redisturbance. <br />Finally, I conclude that the Fruits situation qualifies for <br />exclusion of complete elimination of face-up .areas and highwalls <br />under Rule 4.14.1(2)(f), as amended. As required, the Fruits face- <br />up area and highwall was in place prior to August 3, 1977, and the <br />volume of reasonably available spoil is insufficient to completely <br />backfill the highwall. The rule specifies that "in such instances, <br />the highwall shall be eliminated to the maximum extent technically <br />practical" while complying with a list of criteria, as follows. <br />(i) All reasonably available spoil in the permit area shall be <br />used_to.backfill the_highwall.._The.apoil_in.the vicinity of <br />the Fruits portal highwall has been regraded and topsoiled and <br />it' is not reasonable. nor environmentally desirable to <br />redisturb it, and risk additional fugitive dust and sediment <br />yield. <br />(ii) The backfill shall be graded to a elope which is compatible <br />with the approved poet-mining land use and which provides <br />adequate drainage and meets a minimum static safety factor of <br />1.3. The existing configuration was found to meet these <br />requirements when approved as a reclamation only permit in <br />1990. <br />(iii) The highwall remnant shall be sufficiently stable so as not <br />to pose a hazard to the public health and safety or to the <br />environment. Two previous analyses and this analysis have <br />demonstrated its adequate stability. <br />(iv) Exposed coal seams, toxic and acid forming materials, and <br />combustible materials shall be adequately covered or treated <br />