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./ <br />.,. .. _ <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman Si., Room 215 <br />Denver, CO 80203 <br />Phone: 17031 866-3567 <br />FAx: 1303) 832-8106 <br />DATE: December 10, <br />T0: Larry Routtei <br />FROM: David Berry <br />RE: Draft Element Specific Report Entitled Board-Approved Settlement <br />Agreements - Apex No. 2 Mine - Grassy Gap Mine <br />OF' ~~f.. <br />NR~~ <br />., <br />~ r8 i6 ~ <br />Roy Romer <br />Governor <br />rn~chael B. Long <br />Dwrsion Dvttior <br />Please refer to the comments contained in my memorandum of October 7, 1993 to <br />Dan Mathews. Additional comments are provided below. <br />GRASSY GAP <br />Page 10, "D.3./D.4. - Enforcement - Pattern of Violations Review/Show Cause <br />Orders/Hearings; Timeliness and Effectiveness of Alternative Enforcement <br />Actions" (EY 1992 - Element Specific Evaluation Report for Colorado), Item No. 2 <br />contains an incorrect statement. The AFO writes "During this August inspection, <br />a WSC technical review was conducted and confirmed that AOC had not been <br />restored". This is not true. <br />The technical review, transmitted to AFO on October 9, 1991 states "The <br />reclamation of the premining area was not returned to the exact same contours as <br />those prior to mining, however, the contours are similar." This statement <br />indicates that reclamation which is consistent with the definition of <br />approximate original contour, was achieved. The report also states "These pits <br />(5 and 6) of the Grassy Gap Mine have not been reclaimed to a strict adherence <br />to the original contour but can be considered stable". <br />There is no requirement in law or regulation to return lands to "exact" <br />premining contours or to achieve "strict adherence to original contour". <br />RequirementBdo mandate the achievement of approximate original contour and this <br />was done. Landform stability and landform similarity were confirmed by both <br />state and federal authorities, and no enforcement actions were taken by the <br />OSM. The fact that the mine was reclaimed to the approximate original contour, <br />is further substantiated by the fact that the OSM chose not to take any <br />enforcement actions. The report clearly states that "no deficiencies" were <br />found. <br />III III III III IIII III <br />STATE OF COLOi~nvv <br /> <br />