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RULE 4 PERFORMANCE STANDARDS <br />4.23 ALrGER AND HIGHWALL MINING <br />4.23.1 Slcope <br />This Section establishes environmental protection performance standards in addition to those applicable performance <br />standards in Rule 4, to prevent any unnecessary loss of coal reserves and to prevent adverse environmental effects from <br />auger mining incident to surface mining activities. <br />4.23.2 11Zaximize Recoverability of Mineral Reserves <br />Colowyo has identified areas suitable for highwall mining at South Taylor (Map 23A). Highwall mining should allow <br />for the recovery of additional coal resources beyond the permitted pit final highwalls and end-walls. These coal reserves <br />are economically recoverable using highwall mining methods. <br />From a strip mining perspective, the South Taylor pit clearly delineates the maximum recoverable coal resources <br />attainable today with modern surface technology and coal market demand and pricing. The proposed highwall mining <br />of the G-seams on the west side of the pit represents recovery of reserves that would not have been recovered by any <br />other means utilizing either surface or underground mining techniques. <br />Section 4.23 of the previously approved permit document contains additional discussion regarding the removal of coal <br />using highwall mining methods. The document includes a summary of the geologic factors that limit removal of the <br />coal using conventional methods, the requirements for leaving undisturbed areas of coal in un-mined sections, <br />procedures for working around underground mines, surface and groundwater pollution prevention procedures, reduction <br />in fire ha;yards, backfilling, grading, and PMT requirements for all areas previously permitted. <br />4.23.2(1) Undisturbed Areas of Coal Shall Be Left in Unmined Sections <br />As for the CDRMS Rules (Rules) requirement for leaving undisturbed areas of coal in unmined sections, Colowyo <br />contends that this application of the Rules does not apply since the seams to be highwall mined are being accessed from <br />active suc-face pits that by this Permit and other applicable sections of the Rules are required to be backfilled and fully <br />reclaimedl. Hence should undisturbed barrier areas of coal be left for some future access, these potential portal areas <br />would be inaccessible for future generations because they would be buried under the pit backfill. Additionally and <br />importantly, as discussed above, due to the many geological reasons, there is not economical coal to be recovered from <br />"behind" the areas slated to be highwall mined. <br />4.23.2(2) Abandoned or Active Underground Mine Workings <br />To Colovryo's knowledge, no abandoned or active underground mine workings have ever existed or currently exist in <br />any of the coal seams in the areas proposed to be highwall mined. No highwall mining will be allowed to take place <br />within 500 feet of any abandoned or active underground mining operation. <br />4.23.2(3) Surface Mining Activities and Highwall Mining <br />The highwall mining shall follow the surface coal mining activities in a contemporaneous manner consistent with the <br />applicable; requirements of CDRMS Rule 4. Due to active pit progressions and sequencing of mining (in addition to <br />meeting the Permit requirements for contemporaneous reclamation), it is required that highwall mining occurs timely if <br />not immediately following conclusion of pit mining activities. Also, as described more fully in 2.06.9(2), the need to <br />backfill, ie, contemporaneously reclaim the pits, is mandatory for Colowyo in order to build the pit floor from which to <br />work from to mine the successively higher (in the geologic column) coal seam. Hence successful highwall mining is in <br />part dependant upon timely and successful contemporaneous reclamation of the pits. <br />South Taylor/Lower Wilson -Rule 4, Page 29 Revision Date: 1 /6/2009 <br />Revision No.: TR-77 <br />