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-..~. iiiiii inm iii <br />~~°~~~ 999 STATF. OF COLORADO <br />Roy Romer, Governor <br /> <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND RECLAMATION DIVISION <br />FAED R. BANTA, Director <br />August 30, 1989 <br />Mr. Ronert Sherman <br />Mr. Marx Korb <br />Korb and Carroll <br />lU6 Oak Street <br />Fort Coll ins, CO 80524 <br />~, r. <br />,,.~~ ~ <br />Re: Proposed Stipulation 5, Grassy Gao Mine, Mid-Term, C-81-039 <br />Dear Sirs: <br />Thank you for coming in to the office on August 24, 1989, to discuss proposed <br />Stipulation 7 concerning bonding. At that time you indicated tnat you were <br />not planning to progress on Stipulations 5 and u until you nad resolves the <br />bona issue. I understood you to say that .you and your client did not yet nave <br />a clear understanding of wnat was required to satisfy Stipulation 5. I would <br />therefore like to take this opportunity to review the appropriate regulations, <br />our ooservaiions spout the site and an outline for your suomittal in response <br />to Stipulation 5. <br />Approximate original contour (AOC) is derived in Rule 1.04(13) as a <br />post-mtn7nq topography Wh1Cn reSettlDles the Dre-mining topography, a landform <br />wnicn blends in with the surrounding landscape and a pnysical configuration <br />which results in the elimination of hid_hwalls and spoil piles. Rockcastle <br />Coal Company proposed and the Division approved a post-mining tooograpny at <br />Grassy Gap on the Reclamation Map found in Yolume 2 of the permit application <br />to meet Rule 2.05.4(2)(c). Rockcastle must demonstrate tnrough the use of <br />certified as-built surveys that the prdDO5ed DOSt-mining topography was <br />acnieved, and demonstrate through reference to the definition and the <br />appropriate performance standards that AOC was achieved. The performance <br />standards are the Division's measures of compliance. Those associates witn <br />approximate original contour are found in Rules 4.14 and 4.27. Rule 4.14 <br />speaks to the timing, metnod and general gradinq requirements of backfillinq <br />and gradinq. Rule 4.27 discusses environmental design standards associated <br />with steep slope mining and reclamation. <br />Tne Division is concerned spout the implementation of the proposed topograpny <br />and spout the associated long-term erosional stability at Pits 5 and 6. <br />Certified surveys of the two reclaimed pits may relieve the Division's <br />concerns about landform establisnment. A demonstration of AOC as outlined <br />pelow is also required as Dart of the certification process and as a <br />consequence of the difference in configuration oetween the proposed reclaimed <br />topography and the constructed topography, In addition, Rockcastle must <br />discuss ins long-term stability of file site. <br />215 Centennial 2uilding, 1313 Sherman Street Denver, Colorado 80203-2273 7e1. (303) 860-3507 <br />