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natural barriers are not necessary. Slides have occun•ed within the Permit boundary; however, none <br />have had an adverse effect on public property, health, safety, or the environment. Slides have been <br />reclaimed as appropriate. A breech of a diversion ditch resulted in a mud and debris flow on <br />Highway 13 and private property. See Notice ofViolation (NOV) C-96-005, page 4, Exhibit 2 or the <br />Permit. <br />XI. Contemporaneous Reclamation -Rule 4.13 <br />The Permit is found to be in compliance with Rule 4.13. Reclamation was found to occur as <br />contemporaneously as practicable with mining operations, as further discussed in Section XII below. <br />XII. Backfilling and Grading -Rule 4.14 <br />The Permit was found to be in compliance with Rule 4.14. <br />A. Operations and Reclamation Plans <br />Colowyo's mining operations plan is found in Section 2.05.3 of the Permit (Volume I for the East <br />Pit, West Pit, Section 16 Pit, Facilities Area and Gossard Loadout and Volume 12 for the South <br />Taylor Pit). Maps 23 and 23A contain the mine plan for the east Pit, West Pit and Section 16 Pit and <br />the South Taylor Pit, respectively. Section 2.05.4 of the Permit contains the reclamation plan, and <br />Section 4.14 contains the performance standards for backfilling and grading (Volume I for the East <br />Pit, West Pit, Section 16 Pit, Facilities Area and Gossard Loadout and Volume 12 for the South <br />Taylor Pit). <br />Plans for dealing with and monitoring acid- and toxic-forming overburden are described in Rules <br />2.04.6 and 2.05 of the Permit (Volume 1 for the East Pit, West Pit, Section 16 Pit, Facilities Area and <br />Gossard Loadout and Volume 12 for the South Taylor Pit) and in Section B, Item III of this <br />document. Acid-forming overburden has not been encountered at Colowyo; however, monitoring <br />continues for materials with high sodium adsorption ratios. <br />Based on the approval of PR-02, the Division is adding the following two new stipulations to the <br />operations and reclamation plan at the Colowyo Mine: <br />STIPULATION 2 <br />PRIOR TO DISTURBING ANY LANDS IN THE LOWER WILSON AREA, THE COLOWYO <br />COAL COMPANY SHALL PROVIDE THE DIVISION WITH A PERMIT REVISION <br />CONTAINING A MINE PLAN AND A RECLAMATION PLAN AND ANY ADDITIONAL <br />BASELINE MONITORING INFORMATION (SURFACE WATER, GROUND WATER, SOILS, <br />VEGETATION, ETC.) REQUESTED BY THE DIVISION. THE APPROVAL OF PERMIT <br />REVISION 02 IS ONLY AN APPROVAL FOR DISTURBANCE IN THE SOUTH TAYLOR PIT <br />(SOUTH TAYLOR PIT, WEST VALLEY FILL, EAST VALLEY FILL AND ASSOCIATED <br />Proposed Decision and Findings of Compliance 4 May 2007 <br />Permi[ Revision 02 Page 49 <br />