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Risks to Public Health. Safety, and the Environment <br />Pond 003 and Pond 004 remain at the portal area and Pond 001 remains at the coal sales/tipple area. <br />These sediment ponds are well vegetated and have remained stable since initial reclamation in <br />1995. Due to the limited rainfall (average annual rainfall is approximately 12.9 inches) and <br />subsequent runoff in the area, Ponds 003 and 004 rarely contain water. Pond 001 regularly contains <br />water, which is used in conjunction with cattle grazing. There also exists a partially reclaimed <br />highwall, which was originally developed during mining activities that predated the Twin Pines No. <br />2 Mine and the Surface Mining Control and Reclamation Act (SMCRA) of 1977. The area below <br />the highwall is fenced off to limit access and DANGER signs are posted along the fence. The <br />highwall is composed of the same sandstone that is typical of the area and it has remained relatively <br />stable during mining and since initial reclamation in 1995. While rock-fall from the highwall is <br />possible, the highwall hazard has been minimized to the extent possible. The risks at the site, as it <br />exists today, pose minimal threats to the public or the environment and have been minimized to the <br />extent possible. <br />Additionally, the Twin Pines No. 2 Mine is not located near or above any urbanized areas, <br />communities, occupied dwellings, schools or other public or commercial buildings and facilities <br />(Rule 5.02.2(8)(a)(v)). The nearest occupied dwellings are approximately 1-mile away from the <br />both areas of the mine. <br />Sediment and Erosion Control Function <br />Pond 001, Pond 003 and Pond 004 continue to provide sediment control functions for the coal <br />sales/tipple area and the portal area, which were reclaimed in 1995. The vegetation in the area has <br />been growing for seven years and the cover appears to be sufficient to prevent any significant <br />erosion from occurring at either area. This statement is based on the fact that no significant riling or <br />gullying has taken place on either of the two areas since initial reclamation in 1995. <br />In addition, on 7 February 2000 the Division and the Office of Surface Mining (OSM) conducted a <br />joint inspection of the Twin Pines No. 2 Mine to determine the quality of reclamation as it related to <br />off-site impacts and specifically off-site sedimentation. The OSM found that no such impacts <br />existed and stated "...this area would flow to the existing ponds. The loadout was bermed along <br />the edge of the adjacent stream channel. No water was leaving the site at either loadout or mine <br />area. No off-site impacts were observed at the mine or loadout areas." <br />Reclamation Completed and General Reclaimed Area Stabili <br />ty <br />As stated in the background section above, this site was entirely reclaimed and a Phase I Bond <br />Release was approved prior to the forfeiture of $26,660.00 to the State of Colorado for site <br />maintenance activities. TPI agreed to the permit revocation and bond forfeiture based on the <br />company's financial situation. Based on inspection reports and OSM oversight inspections from <br />the last seven years (since final reclamation) the reclaimed portal and coal sales/tipple areas have <br />remained stable and show no signs of instability or mass movement. These areas of interest include