GENERAL30774

• Permit No: C1982055
• IBM Index Class Name: General Documents
• Doc Date: 4/7/1995
• Doc Name: Proposed Decision & Findings of Compliance for SL2
• From: Phase I
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

building, access to the southern portion of the property, and allow for more level ground to
complement the post-mining land use of rangeland. The Division has determined that
removal of this culvert would result in a loss of approximately 1.07 acres of level land. The
culvert bottom has been installed at the level of the existing natural channel. The Division
has verified that the eight-foot diameter culvert is designed to adequately pass 465 cfs, the
flow from a 100 year, 24-hour precipitation event.
Rule 1.04(13) defines "Approximate original contour" as:
that surface configuration achieved by backfilling and grading of the mined areas so
that the reclaimed area, including any terracing or access roads, closely resembles the
general surface configuration of the land prior to mining and blends into and
complements the drainage pattern of the surrounding terrain, with all the highwalls,
refuse piles and spoil piles eliminated. Water impoundments may be permitted
where the Board determines that they are incompliance with Section 34-33-120(2)(h)
of the Act and 4.05.9, 4.05.17 and 4.16.
Rule 4.14.2(1) additionally states that:
The final graded slopes shall approximate pre-mining slopes, or any lesser slopes
approved by the Division based on consideration of soil, climate, or other
characteristics of the surrounding area. Postmining final graded slopes need not be
uniform but shall approximate the general nature of the pre-mining topography
identified in 2.10.3(1)(j). The requirements of 4.14.2 may be modified by the
Division where the surface coal mined lands that have not been restored to the
standards of these Rules and sufficient spoil is not available to otherwise comply with
this 4.14. The person who conducts surface coal mining operations shall, at a
minimum:
(a) Retain all overburden and spoil on the solid portion of existing or new
benches, and return all such material, except excess spoil, to the mined out
area, except as provided in rule 4.14.1(2)(f): and
(b) Backfill and grade to the most moderate slope possible, to eliminate the
highwall which does not exceed either the angle of repose or such lesser slope
as is necessary to achieve a minimum static safety factor of 1.3.
The mine site area has been mined since the late 1800's. As such, no pre-disturbance maps
or photographs exist to illustrate the native land contours. Reference to a topographic map
of the surrounding land areas indicates the overall topography of this canyon ranges from
a maximum elevation of 6800 feet at the ridge top to a valley bottom elevation of 6415 feet.
This is an overall elevation change of 385 feet. A variance from re-establishing an open
channel by allowing the 675-foot culvert to remain entails an elevation difference of 12 feet;