REP27297

• Permit No: C1981022
• IBM Index Class Name: Report
• Doc Date: 12/6/1995
• Doc Name: 1995 ANNUAL RECLAMATION REPORT
• From: PACIFIC BASIN RESOURCES
• To: DMG
• Permit Index Doc Type: ANNUAL RECLAMATION REPORT
• Media Type: D
• Archive: No

Anthony J. Waldron December 1, 1995
Re: 1995 Annual Reclamation Report
Under threat of enforcement action by OSM if
backfilling and grading were initiated without
addressing these concerns, an application for a minor
revision to delay the required 1994 reclamation at the
Bear and Lower Hubbard Creek sites, until the issue was
resolved between OSM and DMG, was submitted on August
11, 1994. Minor Revision No. 29 to delay backfilling
and grading until 1995 was approved on September 23,
1994.
On September 29, 1994, the United States Department of
Interior, Office of Surface Mining issued a Ten-Day-
Notice to the State of Colorado, Division of Minerals
and Geology, that the Secretary of the Interior had
reason to believe that Somerset Mining was in violation
of the Act or a permit condition required by the Act
for "Failure to reclaim a mine site to approximate
original contour, Failure to properly address the
requirements for an approximate original contour
variance." In response, the Division required Somerset
Mining Company to submit an application for a technical
revision to correct "a possible permit defect in the
approved Somerset Mining Company, Bear Creek portal
area, reclamation plan."
The October 13, 1994 letter from the Division states in
parts: "The plan may not fully comply with all aspects
of Rules 2.05.4(2)(c), 2.06.5(2), and 4.14.1(2)(a). In
particular, the plan may not properly demonstrate that
all available spoil will be utilized in reclaiming the
Bear Creek portal area. Spoil placed downslope of the
mine bench may not have been adequately considered for
use in reclamation." "If downslope spoil is reasonably
available, and can be reasonably applied to reclamation
of the bench area, then this must occur."
Although Somerset Mining Company believed it had a
valid, approved reclamation plan containing a variance
to approximate original contour for the Bear Creek Site
following approval of Minor Revision No. 25 to "rectify
permit defects", an application for a technical
revision was submitted on November 10, 1994.
In the application, Somerset stated it's position that:
"1) there is not a highwall at the Bear Creek
facilities and; 2) there will not be a highwall at the
Bear Creek facilities after reclamation. Therefore,
the provisions of Rule 4.14.1(2)(x) regarding the use
of all reasonably available spoil to reclaim a highwall
4