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II I III I IIIII IIII III Doc Uatee:,2N,/2001 sss . FINDINGS OF COMPLIANCE ti Trapper Mining, Inc. Trapper Mine Application for Permit and Mining and Reclamation Plan (hIRP) approval The Stale of Colorado and OS`! have reviewed the permit application and mining reclamation plan and based on that review, in accordance o~ith 30 CFR 786.19, OS?1 has made the following findings: I. The Colorado Fiined Land Reclamation Division (C:II.F:D) has determined that the permit application, and the Office of Surface Mining (OSPI) has determined that the ~SRP submitted on February 2, 1981 and updated through July 27, 1982 and the permit with stipulations are accurate and complete and comply with the requirements of t:he conditionally approved Colorado State Program, the Surface :ti.ning Coatrol and Reclamation Act (Si•?CRA), and the Federal Lands Program, including MiAeral Leasing Act. (2.07.5(?)(a); (See Colorado's Decision Document); 786.19(a)] II. The CMLRD has reviewed the permit application and `fRP and has prepared the Technical Analysis (TA). OSM has prepared the Environmental Analysis (EA), independently reviewed the TA, and incorporated documents, and based on this has made the following findings: • 1. The applicant proposes acceptable reclamation practices for land disturbed by surface coal wining operations. However, contemporaneous reclamation will not be accomplished within the time units because of varying pit lengths and cycling times and the need to remove overburden from above recoverable coal seams. Colorado has accepted the justification for variance from contemporaneous reclamation. In addition, the State identified other issues regarding reclamation. These issues were: the evaluation of herbaceous cover and productivity, overburden swell factors, the incorporation of utiity waste into the backfill, increasing drainage density of the post-mining surface, and the configuration of the post-mining surface. (See discussion, pages 49-60-and 52-56 of CMLRD's decision document) The C.`iLRD resolved these concerns with. stipulations and required selective placement criteria for the utility waste. The CMLRD staff has determined that reclamation, as required by the .act, can be feasibly accomplished under the ?(RP when :supplemented by stipulations (See stipulations 1, 2, and 3) [Rule: 2.Oi.6(2)(a); page 3 of CMLRD's Cecision Cocument) i86.19(b)]