PERMFILE112237

• Permit No: C1981071
• IBM Index Class Name: Permit File
• Doc Date: 12/11/2001
• Section_Exhibit Name: PR2 RULE 2.05 Operation and Reclamation Plans
• Media Type: D
• Archive: No

• The information provided in Appendix II provides the Division with a
quantitative means for addressing backfilling approximate original
contour (AOC) requirements. The report clearly demonstrates that
overall approximate original contour requirements have been met. As
can be seen by reading Rule 1.03(13) the intent is to meet the general
nature of the premining topography over the entire reclaimed area and
not single out specific areas. Rule 1.04 (13) is as follows
(underlining added for emphasis):
(13) "Approximate original contour" means that surface
configuration achieved by backfilling and grading of the mined
areas so that the reclaimed area, including any terracing or
access roads, closely resembles the general surface configuration
of the land prior to mining and blends into and complements the
drainage pattern of the surrounding terrain, with all the
highwalls and spoil piles eliminated. Water impoundments may be
permitted where the Board determines that they are in compliance
with Section 34-33-120(2)(h) of the Act and 4.05.9, 4.05.17 and
4.16.
The Division raised concerns about the mass stability of the swale in
Areas 9 and 10. In order to address these concerns, Colorado Yampa
Coal Company contracted Golder Associates, Inc. to conduct a mass
stability investigation to address these concerns. The field work was
done during the period of December 2, through December 8, 1986. The
field data was analyzed and the result of the investigation can be
found in Appendix IV. The report indicates that there should be no
mass stability problems in this area.
Also, Appendix V provides a discussion of the legislative and
congressional intent for effecting compliance with AOC requirements.
As can be seen, AOC requirements are not clear cut but rather provide
for a range of interpretation. The CMLRD regulations, as presented in
Rule 1.04(13) further implies upon the interpretative range of the
regulation. The pertinent part of the regulation reads as follows:
"closely resembles the general surface configuration of the land prior
to mining". This clearly shows that the postmining topography does not
have to be a mirror image of the premining topography, but rather it
resembles the general premining topography, and blends into the
surrounding topography and complements the surrounding drainage
pattern. As shown on the Postmining Topography Map (Map No. Per.
Rev.86-2-2 (Map 48A) and in Appendix 4, CYCC clearly has met these
requirements.

-54- Revised 12/22/86