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<br />z <br />Statutory Context <br />CRS 34-33-120(2)(c) states in relevant part, "...[all] surface coal mining and reclamation <br />operations [shall] backfill, compact where needed to provide stability or to prevent <br />leaching of toxic materials, and grade in order to restore the approximate original contour <br />of the Land, eliminating all highwalls, spoil piles, and depressions unless small depressions <br />are needed in order to retain moisture to assist revegetation..." <br />Regulatory Context <br />Rule 4.14.2(1) states in part, "The final graded slopes shall approximate pre-mining <br />slopes, or any lesser slopes approved by the Division based on consideration of soil, <br />climate, or other characteristics of the surrounding area. Post-mining final graded slopes <br />need not be uniform but shall approximate the general nature of the pre-mining <br />topography identified in 2.10.3(1)(j)." <br />It is cleaz from the statutory and regulatory language that acceptable final post-mine <br />topography need not mimic the pre-mining topography. The predominant concerns with <br />final post-mining topography is that the landscape blend with the surrounding undisturbed <br />topography. The statute addresses these concerns with the requirements for eliminating <br />highwalls, spoil piles and depressions. The regulation again reiterates that post-mine <br />topography need not be uniform, nor exact in duplication ofpre-mining conditions. <br />Historically, CDMG has also been concerned with surface drainage on reclaimed sites. <br />Drainage, in the form of ephemeral or intermittent drainages (often chazacterized as <br />gulches) has been required to be consistent with drainage frequency, size, and pattern in <br />adjacent undisturbed areas. <br />Keenesburg Mine <br />CEC believes that the post-mining topography established in the areas where Phase I bond <br />release has been requested meets all of the requirements as well as the intent of the <br />requirements in the Act and regulations. Pre-mining topography at the site was gently <br />rolling northeast trending hillocks created from aeolian sands. There were no developed <br />surface water drainages at the site for two reasons, first the porosity of the aeolian sands <br />precludes lazge surface water flows, and second, the overall slope of the azea is relatively <br />flat and allows for high infiltration of surface water runoff into the subsurface strata. <br />CDMG's comments with respect to the post-mining topography exceed the requirements <br />of the Act and regulations. CEC has established apost-mining topography consistent and <br />