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<br /> <br />The present and proposed operations are in compliance with the <br />requirements of this section. <br />XVII. Backfilling and Grading - Rules 2.05.3(6), 2.05.4(2)(a) <br />The content of this section of the original Findings document has been <br />substantially changed both as a result of revisions approved during the <br />first permit term and the mid-term review. The revisions include <br />construction of a permanent diversion of Starkville Gulch with culverts <br />and expansion of the coal processing waste pile. In addition, as a <br />result of the inactive status of the mine during mid-term review, a <br />supplement to the final reclamation plan was requested by the Division to <br />cover those activities and costs necessary to reclaim the existing mine <br />site if active operations were never resumed. <br />A portion of the overburden removed during construction of the southern <br />or Animas Mine portals was used as fill around the culvert, placed in the <br />permanent diversion. The remainder of the overburden was spread for <br />storage on the Animas Mine bench. This stored overburden will be used to <br />reclaim the Animas Mine portal area in both the supplementary and final <br />reclamation plans. <br />In the supplementary reclamation plan, the Helen Mine portal area would <br />be backfilled with refuse from the existing coal processing waste pile. <br />In the final reclamation plan, it is assumed that the expanded waste pile <br />resulting from normal operations will have covered the Helen Mine portals <br />by the time the mine closes. In both plans, four feet of non-toxic <br />overburden and/or topsoil will be required to cover the refuse. In the <br />supplementary plan, overburden will be taken from the facilities area as <br />proposed in the initial permit application; topsoil will be secured from <br />existing stock piles as well as imported. As for the final reclamation <br />of the expanded coal processing waste pile, overburden will he taken from <br />the facilities area so long as the expansion of the waste pile permits. <br />When access to this source is no longer available, both overburden and <br />topsoil will be stripped from the area above the Helen Mine portals prior <br />to this area being covered by the waste pile. The overburden taken from <br />this area will be used to cover the lower lifts of the waste pile; the <br />topsoil stockpiled in Area No. 2 for eventual use. The availability of <br />adequate amounts of non-toxic overburden in this area, however, has not <br />been established. Consequently the following stipulation is necessary. <br />Stipulation 1 <br />PRIOR TO EXPANDING THE COAL PROCESSING WASTE PILE SITE INTO THE <br />UNDISTURBED AREA ABOVE AND EAST OF THE HELEN MINE PORTALS, ENERGY FUELS <br />MINING COMPANY WILL DEMONSTRATE THAT THE NON-TOXIC VOLUME OF MATERIAL <br />PROPOSED TO BE TAKEN FROM THIS AREA FOR USE IN RECLAIMING THE WASTE PILE <br />IS ACTUALLY AVAILABLE. THE AREA WILL BE SAMPLED TO A DEPTH OF FIVE FEET <br />AT LOCATIONS ACCEPTABLE TO THE DIVISION. THE SAMPLES FROMEACH LOCATION <br />WILL BE COMPOSITED IN REPRESENTATIVE FASHION AND THEN ANALYZED FOR PH, <br />Ef., SAR, TEXTURE, AND PERCENT ROCK FRAGMENTS. <br />_19_ <br />