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variance would result in an insignificant quantity of additional surface runoff, compared to the <br />approved "AOC restoration plan", that would have no adverse effect on the ecology of any <br />surface water or any existing or planned use of surface or ground water (pursuant to <br />2.06.5(2)(d)(ii)). The Division's approval of the plan will meet the requirement of <br />2.06.5(2)(d)(iii), demonstrating that appropriate State environmental agencies approve the plan. <br />The Colorado Water Quality Control Division was notified of the PR-3 application, and did not <br />provide comments or concerns. <br />(e) The applicant has demonstrated that the owner of the surface of the lands within the permit area <br />has knowingly requested, in writing, as part of the application, that a variance be granted. <br />Snowcap Coal Company, Inc., is the surface owner of the lands within the proposed AOC <br />variance boundary (see Exhibit 6C). A letter of December 13, 2006, included as permit <br />application page A14-5-31 (Appendix 14-5 of the application), from Nelson L. Kidder, Vice <br />President of Snowcap Coal Company, Inc., satisfies this requirement. <br />(f) The applicant has demonstrated that the proposed operations will be conducted in compliance <br />with the requirements of 4.27.4. Please see findings pertinent to Rule 4.27.4 below. <br />(g) Based on a thorough review of the application, the Division finds that all other requirements of <br />the Act, these Rules, and the regulatory program will be met by the proposed operations. <br />South Portal Area AOC Variance Findings Required by Rule 4.27.4 <br />Rule 4.27.4 allows a variance from the AOC requirements of Rule 4.27.3(3). Rule 4.27.3(3) also <br />requires a demonstration that the minimum factor of safety for the stability of all portions of the <br />reclaimed land is at least 1.3. To fulfill this requirement, SCC provided a stability analysis <br />demonstrating the proposed highwall backfill slopes and road fill will meet the 1.3 safety factor <br />requirement as discussed in 4.27.4(1) below. For the near vertical rock cut slopes in the mine bench <br />area, SCC provided a Professional Engineer certification in Appendix 14-10 of the application. The <br />Division finds the certification that the steep rock slopes are environmentally sound and structurally <br />stable, with a static factor of safety of at least 1.3, to be adequate and acceptable, under the alternative <br />specification provisions of Rule 4.27.3(8). <br />4.27.4(1) requires that ...the highwall shall be completely backfilled with spoil material, in a manner <br />which results in a static factor of safety of at least 1.3 using standard geotechnical analyses. The <br />application narrative notes on amended page 14-7, that the South Portal area contains two potential <br />highwalls, and further notes that "a highwall is the face of exposed overburden and coal for entry into <br />an underground mine". One of the highwalls referenced in the text is "an old ventilation entry along <br />the portal access road", which was previously sealed and which will be backfilled to AOC in <br />conjunction with backfilling and grading of the existing Access Road "A" in that location. Since the <br />old ventilation entry highwall will be backfilled to AOC, there is no specific finding required under <br />Rule 4.27.4. The other highwall is the highwall associated with the two portal entries (intake and <br />beltline) on the portal bench. This highwall is within the delineated AOC variance area depicted on <br />Exhibit 6C, and as such, demonstration of compliance with 4.27.4(1) is required. <br />The portal entries highwall is delineated by a blue shaded area on Figure 14-14. Based on site <br />observation and map/photo comparisons, the Division concurs that the highwall is accurately and <br />properly delineated on Figure 14-14. The blue shaded area which encompasses the steep northwest <br />Permit Renewal No. 5 43 November 16, 2007 <br />