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<br />XVII. Koads - Rules 2.05.3(3) and 4.U3 <br />Section 2.U5.3(3)~c) of the permit application contains the required <br />information about roads at the Apex No. 2 site. The access road to the <br />portal has been found by the Division to be in compliance with Rule <br />4.03.2. <br />Routt County has requested in writing that the county road be left intact <br />after reclamation is complete in accordance with Rule 4.03.2(f)(ii). <br />XVIII. Backfilling and Grading -Rules 2.05.3(61(bl. 2.05.4(2 <br />A description of the backfilling plan for the Apex fVo. 2 Mine is <br />presented in Section 2.05.4 on pages 182-183 of the pennit application. <br />There are two areas to backfill and grade within the disturbed area, the <br />portal area and the facilities area. The applicant has requested a <br />variance from approximate original contour for the portal area, based <br />upon steep slope mining conditions. The original slope within the portal <br />bench area, as the applicant observes, exceeded SU%. Further, a county <br />right-of-way exists immediately below the portal bench. Backfilling the <br />portal bench cut to approximate original contour would, in the opinion of <br />the Division, expose the users of the county right-of-way to a <br />significant health and safety threat. <br />The applicant proposed to partially backfill the portal bench cut. The <br />30-foot high portal bench cut will be backfilled to approximately 15-feet <br />in depth, resulting in 10-foot of cover being placed above the 5-foot <br />thick coal seam outcrop. The portal will be graded to approximately <br />45o in slope, resultiny in a 5 to 8 foot wide toe bench at the foot of <br />the backfilled slope. This bench will assist in catching any debris <br />which might fall from the bench cut or the overlying natural slopes. <br />This configuration should assist, therefore, in preventing injury or <br />damage to users of the county right-of-way. <br />The applicant has committed to the examination of the portal bench by an <br />appropriately qualified registered professional engineer or professional <br />geologist at the time of backfilling and gradiny. Therefore, the <br />Division approves the variance from approximate original contour for the <br />portal area. <br />The facilities area will be graded to approximate original contour. The <br />final elevation will ue approximately 2 to 5 feet higher than the <br />original surface. The surface owner has requested that the area be <br />yraded in this manner to provide a better grazing area for his <br />livestock. The backfilled material will be placed to minimize adverse <br />effects to ground water, to mini~njze off-site effects, and to support the <br />post~nining land use. For a further discussion of the post~nining <br />topography of the facilities area see Section VII, Alluvial Valley <br />Floors, of this document. <br />