2011-06-01_REVISION - C1981019 (4)

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The company said that the recently-approved revision to the company's post-mining topography (TR-87) did not pick-up this discrepancy." The Prospect drainage was not the subject of NOV CV-2010-004. Erosional problems have been a long-standing issue in the lower reach of the Prospect drainage. Please explain why the on-the-ground topography deviates from the approved topography in the lower portion of the Prospect drainage. 3. The applicant provided an as-built certification prior to the abatement deadline of November 19, 2010 as one of the required steps to abate CV-2010-004. Please find this as-built certification attached. The as-built is signed by Tom Peterson, a registered engineer in the State of Colorado and dated 11/9/2010. The as-built certification applies to the lower reaches of the Final East Pit Ditch and the North Tributary of the East Pit Ditch where ditches were reconstructed in accordance with the approved design. Contour lines depicting the actual topography are shown in yellow on Figure 1 of this as-built. Please explain why the contour lines on Figure 1 of this as-built differ significantly from what is being proposed on Map 19, Post Mining Topography under MR-108. 4. The tie in boundary on Map 29 Spoil Grading does not match the tie in boundary on Map 19 Post Mining topography in the 2011 block above the East Pit highwall. Given the approved post mining topography as presented in the revision, it is not clear what the applicant's intentions are for this area. How much, if any, of the area in question will be disturbed with regarding activities scheduled for 2011? What is the current location of the undisturbed boundary in this area? 5. The applicant continues to neglect to show the acres backfilled and graded in the previous year on maps submitted with the Annual Reclamation Report as required by Rule 2.04.13(1)(c). The Division has pointed out this deficiency numerous times in the recent past. This information is required by Rule 2.04.13 stated below, with emphasis added: 2.04.13 Annual Reclamation Report. (1) By February 15, or other such date as agreed on, each permittee shall file an annual reclamation report covering the previous calendar year for all areas under bond. The report shall include, but not be limited to, text, discussion and maps which address: (a) The name and address of the permittee and permit number; (b) Location and number of acres disturbed during that year; (c) Location and number of acres backfilled and graded during that year; The applicant should clearly show the areas backfilled and graded in the previous year on a map submitted with the Annual Reclamation Report. Please submit a map showing all areas regraded to final grade through 2010 at the same scale as Map 19 and Map 29 of the approved permit.