APPCOR12355

• Permit No: C1981015
• IBM Index Class Name: Application Correspondence
• Doc Date: 12/16/1992
• Doc Name: SETTLEMENT AGREEMENT
• Media Type: D
• Archive: No

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SETTLEMENT AGREEMENT
This settlement is entered into this day ~th day of December,
1992 between the Colorado Mined Land Reclamation Board ("the
Board") and American Shield Coal Company ("the operator").
RECITALS
1. The Mined Land Reclamation Board and American Shield Coal
company entered into a settlement agreement on March 25, 1992
in regards to the Fruita No.l and 2 mines. This settlement
agreement was entered into as a means of resolving permitting
deficiencies in relation to highwall retention at a reclaimed
coal mine.
2. American Shield Coal Company maintains a bond in the form
of a Letter of Credit for $36,000.00 as required by Item 12 of
the March 25, 1992 Agreement. This bond is adequate to cover
the costs of remaining reclamation work at the site.
3. In adherence with the March 25, 1992 Agreement, Item 13,
the Division initiated rule-making procedures in August 1992
to incorporate language similar to that in 30CFR, part 70,
section 817.106 regarding pre-existing highwalls, into Rule
4.14 of the regulations of the Colorado Mined Land Reclamation
Board for Coal Mining
4: As required by the March 25, 1992 Settlement Agreement,
Item 10, the operator submitted a complete application for a
reclamation only permit for the Fruita mine within 60 days of
the agreement. The application was received by the Division
on March 31, 1992.
a. The application included an estimate of the cost of
remaining reclamation work to be done at the site.
b. Documentation of the construction of the portal bench
preceding August 3, 1977 was included in the form of letters
from contractors and mine personnel involved in the project.
c. Design plans, commitment to maintenance, and stability
modelling were submitted to document the stability of the
backfilled and graded bench and spoil outslope below it.
d. Documentation was provided to demonstrate the stability
of the remaining highwalls.
5. The Division proposed to approve American Shield Coal
Company's reclamation only permit application on September 30,
1992.