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<br /> <br />Mr. Robert Hagen -2- July 29, 1991 <br />Rule 4.14.1(2)(a) states: "Except as specifically exempted in the Rules, all <br />areas disturbed by surface coal mining operations shall be returned to their <br />approximate original contour. All spoil shall be transported, backfilled, <br />segregated and compacted where needed to insure stability or prevent leaching <br />of toxic materials and graded to eliminate all highwalls, spoil piles and <br />depressions". This rule is at least as effective as the federal counterpart <br />at 30CFR 816.102. <br />We reiterate our contention that the reclamation at the Cameo Seam does not <br />violate Rule 4.14.1(2)(a). The reclaimed configuration approximates the <br />original and surrounding topography. The area is composed of naturally steep <br />slopes, with numerous cliff areas. Slopes in the immediate area of the <br />reclaimed portals exhibit slopes in excess of 1607.. This information can be <br />verified by reviewing the approved Premining Topography Map and by examining <br />aerial photographs of the site. The slope gradient at the portal face-up area <br />varies only slightly from the original topography. The reclaimed topography <br />is consistent with the natural topography of the Book Cliffs region. It is <br />important to note that this contention was not disputed in the AFO response of <br />July 24, 1991. <br />Our response of July l5, 1991, stated that "The area does not exhibit a <br />highwall, spoil pile or depression as defined within both the State and <br />Federal regulations". This statement is neither arbitrary nor capricious. It <br />results from a literal interpretation of the State and Federal regulation <br />definitions of the terms "highwall", "spoil pile" and "depression". <br />Rule 1.04(58), which is mirrored at 30CFR 701.5, defines a highwall as "...the <br />face of exposed overburden and coal in an open cut of surface coal mining <br />operations or for entry to underground mining operations". The Cameo Portal <br />area is located at an elevation below the Cameo Coai Seam. The face does not <br />expose coal nor does it expose overburden. <br />Overburden is defined at Rule 1.04(83) and at 30CFR 701.5 as "the material <br />which overlies a coal deposit". The reclaimed excavation at the Cameo Seam <br />Portal, due to its location below the coal seam, did not involve a highwall as <br />defined within the regulations. Specifically, the excavation did not expose <br />coal nor did it expose overburden as defined in the regulations; therefore, it <br />is not a highwall. Please also not that our interpretation of the terms <br />"highwall" and "overburden" was not disputed in the AFO response of July <br />24, 1991. <br />Rule 4.14.1<2)(a) specifically refers to the transportation of "spoil" to <br />eliminate highwalls, spoil piles and depressions. Again, our previous <br />contention that the reclaimed topography "has not resulted in the retention of <br />a spoil pile" was neither arbitrary nor capricious. This argument is based <br />upon a strict interpretation of Rule 1.04(2) and the corresponding 30CFR 701.5 <br />definitions which define spoil as "overburden that has been removed during <br />