Laserfiche WebLink
Mike Long, Director, Minerals and Geology CONFIDENTIAL <br />Page 5 <br />Shield would be able to demonstrate that any decision by DMG to <br />compel American Shield to eliminate the highwall at the Fruita <br />Mine or to ,impose civil or other penalties against American <br />Shield for its failure to eliminate the highwall would be re- <br />versed and/or remanded by a court to DMG for further considera- <br />tion, because such a decision would be arbitrary and capricious <br />and not supported by substantial evidence. The decision would <br />therefore be in violation of the Colorado Administrative Proce- <br />dures Act (CAPA), § 24-4-106(7), l0A C.R.S. (1988 Replacement). <br />Such a decision by DMG or the Board would be found to be <br />arbitrary and capricious and unsupported by substantial evidence <br />because DMG's own technical feasibility analysis concludes that <br />any attempt to eliminate the highwall is not feasible and that <br />partial backfilling of the highwall is not justified. As noted <br />above, in his March 29, 1994 memorandum captioned "Stability of <br />the Fruita Portal Bench and Highwall" (Pendleton memo), Jim <br />Pendleton, a technical advisor for DMG, after reviewing all pre- <br />viously completed analyses, conducting a photogrammatic recon- <br />naissance, reviewing existing photographs of the bench and <br />highwall area, and completing a computerized slope stability <br />analysis, concluded as follows: <br />American Shield Coal Company has been di- <br />rected to completely backfill the highwall <br />at the Fruita Mine portal bench, which <br />reaches a maximum height of 60 feet. My <br />analysis concludes that this task cannot be <br />ac <br />[A]t a maximum, approximately an additional <br />258 of the outcropping seam face exposed on <br />either side highwall of the Fruita Portal <br />Bench could be backfilled to a stable con- <br />figuration. <br />In recognition of the extent of <br />redisturbance of the site necessary to com- <br />plete this limited partial backfilling of <br />the highwall, and the minimal portion of <br />the exposed seam which would be covered by <br />this reclamation alternative, I conclude <br />that this activity is not justified. Fi- <br />nally, in light of the vegative <br />