GENERAL53539

• Permit No: C1982057
• IBM Index Class Name: General Documents
• Doc Date: 6/1/1988
• Doc Name: Midterm Review Findings Document
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

• •
Number Stipulation Status
11 PRIOR TO SEDIMENT POND 006 CONSTRUCTION PEABODY Modified,
COAL COMPANY MUST OBTAIN A WATER OR STORAGE RIGHT See MR No. 6
TO STORE WATER AT THIS POND. THE WATER OR STORAGE
RIGHT SHOULD BE INCORPORATED INTO THE PERMIT
APPLICATION.
12 PEABODY COAL COMPANY MUST SUBMIT WITHIN SIXTY (60) Modified,
DAYS OF PERMIT ISSUANCE A DETAILED PLAN FOR POND See MR No. 6
DEWATERING TO A LEVEL TO ENSURE CONTAINMENT OF A
TEN-YEAR, TWENTY-FOUR HOUR STORM WITHOUT DISCHARGE
THROUGH THE EMERGENCY SPILLWAY.
13 A PERFORMANCE BOND IN THE AMOUNT OF E2 ,646 ,300.00 Resolved,
PAYABLE TO THE STATE OF COLORADO AND THE OFFICE OF 10/3/85
SURFACE MINING, MUST BE FILED WITH THE DIVISION
WITHIN 30 DAYS OF ISSUANCE OF THE PROPOSED DECISION.
Section IY -Permit Variances
The Division previously granted two variances at permit issuance: variance
from culvert spacing and variance from contemporaneous reclamation.
The variance from culvert spacing is no longer required based on a change to
Rule 4.03.1 (4)(e)(vi) effective June 26, 1985. A reexamination of the culvert
specifications in the revised drainage system indicates that three culverts
will pass the design flow with a head of water. Based on information
submitted in the application, it was determined this condition specified in
the regulations would not cause increases in erosion. Therefore, a variance
from the headwater design requirements, as provided by Rule 4.03.1(4)(e)(vi),
is approved by the Division.
Peabody was granted a variance from contemporaneous reclamation in three
areas: the initial box cut spoils which will be rehandled during subsequent
mining so this area will be left unreclaimed for approximately one year; an
area northwest of the box cut which will be mined to a total pit length of
3200 feet and then left open for about five years to allow the dragline to
return to the box cut to reinitiate mining in this area; and an area near the
southeast terminus of mining where approximately 3400 feet of pit will be left
open for about two years. Peabody has committed to temporarily reclaiming the
latter two areas but not the first area since the short timeframe will
preclude vegetation establishment. Since no mining has occurred and no
information has been submitted to modify the previous approval, the Division
reaffirms the approval of a variance in contemporaneous reclamation, as
allowed in Rule 4.14.1 (1 )(c ), for these three areas.
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