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.: III IIIIIIIIIIIIIIII ~ STATE OF CG~v~v~LJ~ DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1 313 Sherman 51.. Room 215 Denver, CO 80203 Phone' 13031 866356; FAX: 13031 83?-B 106 September 23, 1992 Charles H. Arbaugh 653 South Hebron Avenue Evansville, IN 47714 of ~O~o N~~'Oo c7~F . •~ `w~r~ t896 Roy Fomer Governor M¢hael B. Wn6 Division Director RE: Formal Public Hearing, Variance from the Requirement to Reduce Highwall, Apex No. 2 Mine, Permit No. C-81-011 Dear Mr. Arbaugh: As we have discussed on the telephone, a hearing before the Colorado Mined Land Reclamation Board will be held either on October 21 or 22. During the hearing the Division will present to the Board arguments for the approval of a variance from the requirement to completely eliminate the highwall at the Apex No.2 mine. The Apex mine will not need to have a representative at the hearing. The Hearing will be held in room 318, 1313 Sherman St., Denver, Colorado 80203. The Board must approve the variance because Colorado does not currently have an exemption for highwall removal for prelaw areas as does the Federal Government. But, the Division will make a Rule change next year to bring the State regulations in line with those of the Federal Government. Enclosed are Colorado's proposed Rule changes pertaining to highwall removal. Apex's current permit application contains a discussion of the proposed reclamation configuration but additional information will be necessary to bring the Apex permit application up to the requirements of the proposed rule changes. Apex should submit the following information to revise the permit application. This should be submitted as a technical revision. 1. The application should include a demonstration that the highwall has been in place since August 3, 1977. 2. Also a demonstration that the volume of all reasonable available spoil is insufficient to completely backfill the highwall should be submitted. 3. The application should demonstrate that the backfili slope will be compatible with the post mining land use and meets a minimum static safety factor of 1.3.