PERMFILE108040

• Permit No: C1981019
• IBM Index Class Name: Permit File
• Doc Date: 12/11/2001
• Doc Name: Sections 10 - 16
• Section_Exhibit Name: Exhibit 12 Experimental Part 3
• Media Type: D
• Archive: No

-5-
• December 15, 1980 The Colorado regulatory program was given conditional approval
by OSM contingent on the resolution of deficiencies identified
in the Federal Register (45 FR 82173-82214) on this date.
According to OSM, Colorado's program contained unacceptable
provisions in rules 4.09.1(3), 4.26.2(5) and 4.27.3(8) which
relate to alternative methods for excess spoil fills and the
placement of materials related to mountain top removal and
steep slope mining operations.
December 16, 1982 Publication of Federal Register Notice 47 FR 56342-56351. This
publication 1) removes certain conditions of approval of the
Colorado permanent regulatory program by OSM, and 2) approves
certain additional amendments to the Colorado program.
Colorado had submitted material to OSM which satisfied some of
the conditions of the conditional approval published in tfie
December 15, 1980 Federal Register (45 FR 82173-82214). Since
the date of OSM's conditional approval of the Colorado program,
the Federal Regulations establishing the standard for approval
of state programs at 30 CFR 730.5 were amended. The amended
standard gave increased flexibility to states in the develop-
ment of regulations to implement federal requirements for
state programs. Under the new standard, Colorado's rules
4.09.1(3), 4.262.2(5) and 4.27.3(8) were deemed no less effec-
tive than 30 CFR 816.71/817.71, Part 847 and Part 826 respec-
tively, since it was determined that the state's alternative
• methods can provide environmentally sound and structurally
stable designs.
July 19, 1983 Publication of Federal Register Notice 48 FR 32910-32929 for
SMCRA Permanent Regulatory Program; Excess Spoil Fills; Final
Rule. The OSM amended its rules dealing with the requirements
for disposal of excess spoil from surface and underground
mining activities. The revised rules allow for more flexibi-
lity in the design of excess spoil fills and removed those pro-
visions that are excessive, unnecessary and burdensome.
Specific in regard to the Streeter Fill, the revised regula-
tions provided flexibility in construc tion techniques as long
as they meet the performance standards. For example, the
revised regulations allow for "excess spoil in horizontal
lifts other than 4-feet in thickness when it is demonstrated
by the operator and certified by a qualified registered profes-
sional engineer that the design will ensure the stability of
the fill and will meet all other applicable requirements" and
"terraces may be constructed on the outslope of the fill if
required for stability, control of erosion, to conserve soil
moisture, or to facilitate the approved postmining land use".
No design standards for the benches other than the grade of
the outslope between terrace benches is in the final rules.
As Colowyo has stated in the past, and the historical facts here have
shown, the necessity for the Streeter Fill experimental practice was certainly not