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6 piles to reduce the potential for spontaneous combustion and to increase pile stability. At the Apex No. 2 Mine, there is no coal refuse pile. The steepness of the road embankment would have prohibited the use of compaction equipment, if coal and coal fines were used as backfill on the portal bench. Additionally, it would not have been advisable to backfill coal and coal refuse against the portal highwall due to the proximity of coal seams in the bench area. As such, to protect the public from both unstable earthwork and fires, the coal was disposed of at the Edna Mine. There is no spoil available outside of the permit area. Much of the original overburden removed to create the portal bench was used in the construction of County Road 29. The post-mining land use is grazing and wildlife habitat. At the request of the landowner, a former bathhouse structure has been left for the storage of farming equipment. Ten feet of the original 30- foot-wide portal bench remains. This bench served as a safety bench during backfilling and now serves as a safety bench for the underlying County Road 29. Conversations with Paul Draper, Director of the Routt County Road and Bridge Department, indicated that the County would like this bench to remain to protect the road, as County Road 29 is now used by the public to access homes and properties. A portion of the 60-foot-wide road right-of-way extends to the portal bench and backfill area. Backfilled slopes steeper than 2H:1V on the portal bench would not support the post-mining land use of grazing. Additionally, slopes steeper than 2H:lV would not be erosionally stable because of likely vegetation failure. In conclusion, all reasonably available spoil has been used to reclaim the Apex No. 2 highwall which was originally created during 1966. The final reclaimed slopes are compatible with the approved post-mining land use, and the Sunland Mining Corporation has provided information indicating a final backfill stability safety factor which exceeds 1.3. The operator has stabilized the highwall to the extent technically practical and has provided an area of remaining bench below the highwall to assist in catching any rocks which may fall from the highwall. All coal seams and combustible materials are covered. There are no toxic or acid-forming materials. There is no appreciable downslope spoj,],.~_This approval to allow partial highwall elimination _. is based upon full consideration and compliance with Colorado Regulation 4.14.1(2)(f). The drainage system that is in place conforms to the approved drainage plan. Diversion ditches, collection ditches and associated culverts conform to approved designs for cross-sectional areas, gradients and channel linings. None of the ditches show erosion. All of the culverts are functional. The berm that surrounds the yard area is of sufficient height to ensure that runoff from the reclaimed minesite is directed into the yard area and pond. The yard area has a very gentle slope towards the river. The backfilled former office area and fan area have been modeled to demonstrate that runoff from these two areas will meet