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As for the CDMG Rules (Rules) requirement For leaving undisturbed areas of coal in unmined <br />sections, Colowyo contends that Yhis application of the Rules does not apply since the seams to be <br />highwall mined are being accessed from active surface pits that by this Permit and other <br />applicable sections of the Rules are required to be backfilled and fully reclaimed. Hence should <br />undisturbed barrier areas of coal be left for some future access, these potential portal areas would <br />be inaccessible for future generations because they would be buried under the pit backfill. <br />Additionally and importantly, as discussed above, due to the many geological reasons, there is not <br />economical coal to be recovered from "behind" the areas slated to be highwall mined. <br />4.23.2 Abandoned or Active Underground Mine Workings <br />To Colowyo's knowledge, no abandoned or active underground mine workings have ever existed <br />or currently exist in any of the coal seams in the areas proposed to be highwall mined. <br />No highwall mining will be allowed to take place within 500 feet of any abandoned or active <br />underground mining operation. <br />4.23.2 Surface Mining Activities and Highwall Mining <br />The highwall mining shall follow the surface coal mining activities in a contemporaneous manner <br />consistent with the applicable requirements of CDMG Rule 4. Due to active pit progressions and <br />sequencing of mining (in addition to meeting the Permit requirements for contemporaneous <br />reclamation), it is required thathighwall mining occurs timely if not immediately following <br />conclusion of pit mining activities. Also, as described more fully in 2.06.9(2), the need to <br />backfill, ie, contemporaneously reclaim the pits, is mandatary far Colowyo in order to build the <br />pit floor from which to work from to mine the successively higher (in the geologic column) coal <br />seam. Hence successful highwall mining is in parC dependant upon timely and successful <br />contemporaneous reclamation of the pits. <br />4.23.2 Prevent Pollution of Surface and Groundwater and to Reduce Fire Hazards <br />Ground water in the pit or highwall mining holes will not be problematic being that the Colowyo <br />pits are essentially dry (minor perched aquifers with limited seasonal flows) and are located <br />above the 15' regional aquifer (Trout Creek) by a substantial distance. Ground water flow regimes <br />and the negligible impact that Colowyo's surface mining activities have on ground water as a <br />result of mining these target coal seams/rock interburdens are detailed extensively in Permit <br />Section 2.04.7(1). From this extensive body of data and from experiences to date with mining <br />activities, no toxic farming or acid forming water discharge is anticipated from any of the <br />highwall openings. Should toxic forming or acid forming water discharges be encountered, the <br />opening exhibiting the discharge will be backfilled within 72 hours ofeompletion. <br />Colowyo will backfill each highwall miner entrance hole within 30 days following coal <br />extraction. All highwall miner entrance holes will be further buried by pit backfill during the <br />normal backfill sequence for the pits to remain in compliance with Rules 4.05.1 and 4.05.2. <br />Ground water hydrologic regimes will be re-established in the backfilled pits with no anticipated <br />detrimental effects from the highwall miner holes. <br />4.23.2 Division shall prohibit Auger (Highwall Mining) Mining <br />There is no probable reason to prohibit the highwall mining in light of no anticipated adverse <br />impacts to water quality, fill stability, pit backfilling, increased resource recovery, and highwall <br />Revision Date: 11/21/03 <br />4.23.2 Revision Na.: TR -58 <br />Rule 4.23 <br />