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Mike Boulay -3- March 3, 2008 <br />Rule 1.04(13) defines approximate original contour as: <br />That surface configuration achieved by backfilling and grading of the mined areas so that <br />the reclaimed area, including any terracing or access roads, closely resembles the <br />general surface configuration of the land prior to mining and blends into and <br />complements the drainage pattern of the surrounding terrain, with all the highwalls, <br />refuse piles and spoil piles eliminated. Water impoundments may be permitted where <br />the Board determines that they are in compliance with Section 34-33-120(2)(h) of the Act <br />and 4.05.9, 4.05.17and 4.16. <br />Rule 4.14.1(2) requires, in pertinent parts, that "...all areas disturbed by surface coal <br />mining operations shall be returned to their approximate original contour", and that "all <br />spoil shall be transported, backfilled, segregated and compacted where needed to insure <br />stability or prevent leaching of toxic materials and graded to eliminate all spoil piles, <br />depressions, and highwalls...". Rule 4.14.2(1) requires that "the final graded slopes shall <br />approximate pre-mining slopes, or any lesser slopes approved by the Division based on <br />consideration of soil, climate, or other characteristics of the surrounding area. Post- <br />mining final graded slopes need not be uniform but shall approximate the general nature <br />of the pre-mining topography...". <br />The pre-mining topography and natural drainage patterns in the immediate vicinity of the <br />loadout and adjacent areas were altered prior to mining related disturbance by <br />construction of the Government Highline Irrigation Canal and the Union Pacific Railroad. <br />Both of these structures run along the entire length of the upland (western) boundary of <br />the loadout loop, in very close proximity to the disturbed area boundary. While the site <br />would be leveled out and slopes would be reduced in comparison to the pre-mine and <br />currently approved topography, no natural drainage channels existed on the site prior to <br />mining activity, and no permanent stream channels are required under the currently <br />approved plan. As such, the proposed topography would not disrupt natural drainage <br />patterns in the vicinity. The land form within the loadout loop itself would be altered by <br />proposed grading that would eliminate the small hill, resulting in a relatively level site <br />with lesser slopes than existed prior to mining activity. However, the resulting land form <br />would generally blend into and resemble the adjacent terrain, dominated by the relatively <br />level flood plain of the Colorado River. The environment along the river corridor in the <br />Cameo vicinity includes a mix of riparian vegetation communities, including cottonwood <br />stands, tamarisk, and greasewood communities which, in some areas have grown over <br />former agricultural lands that were abandoned in the mid 1970's. There is also a heavy <br />industrial footprint along the river corridor in the Cameo area, due to facilities and <br />activities associated with the Xcel Power Plant, Highline Canal, and Union Pacific <br />Railroad. <br />Based on consideration of topography in the site vicinity, the relatively <br />developed/industrialized nature of the adjacent landscape, and the evident need for a <br />relatively level site to support the proposed industrial postmining land use, the Division's <br />preliminary determination is that the amended postmining topography may comply with <br />the backfill and grading requirements of the regulations. However, additional <br />information will need to be provided regarding the industrial activities that will be <br />conducted under the proposed postmining land use at the site (see Item 6, below).