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I ' Y- III III IIIIIIIIII III 999 MINED LAND RECLAMATION DIVISION Department of Natural Resources 1313 Sherman St.. Room 215 Denver, CO 80203 303 666-3567 FA X: 303 832-8106 July 15, 1991 STATE OF COLORADO OF'~~[p ~~' - 'es He~~ •~~ . ~. 're 76 Roy Ramer, Gavemor Fretl R. Banta, Mr. Robert Hagen, Director Division Director Albuquerque Field Office Office of Surface Mining Reclamation and Enforcement 625 Silver Avenue, S.W., Suite 310 Albuquerque, New Mexico 87102 Re: Ten Day Notice X-91-02-116-5 TV 3 - Fruita #1 and #2 Mines - Permit No. 79-60/UG/C; File No. C-81-015 Dear Mr. Hagen: On July 5, 1991, we received Ten Day Notice (TDN) X-91-02-116-5 TV 3. The TDN references three possible violations. The first indicates that highwall areas have not been properly reclaimed, the second indicates that the bond was improperly reduced, and the third indicates that quarterly sedimentation pond inspections have not been completed. Our responses to the TDN are outiined below. Possible Violation #1 The TDN states that the operator failed "to transport, backfill and grade all material to eliminate all highwalls, spoil piles, and depressions to return all disturbed areas to their approximate original contour". It alleges that Rule 4.14.1(2)(a) has been violated. It is our position that the Cameo Seam Portal Area has been reclaimed in accordance with the approved plan, and the final configuration does approximate the original and adjacent topography. The Cameo Seam portal area does not exhibit a remaining highwall, spoil pile or depression. The reclaimed configuration approximates the original and surrounding topography. The area is composed of naturally steep slopes, with numerous cliff areas. Slopes in the immediate area of the reclaimed portals exhibit slopes in excess of 1607.. This information can be verified by reviewing the approved Premining Topography Map and by examining aerial photographs of the site. The slope gradient at the portal face-up area varies only slightly from the original topography. The reclaimed topography is consistent with the natural topography of the Book Cliffs region. The area does not exhibit a highwall, spoil pile or depression as defined within both the state and federal regulations. A highwall 1s defined in Rule 1.04(58) as "... the face of exposed overburden and coal in an open cut of surface coal mining operations or for entry to underground mining operations". The Cameo portal area is located at an elevation below the Cameo coal seam. The face does not expose coal, nor does it expose overburden.