Laserfiche WebLink
<br />F-. 2 <br />1 <br />8. Part 30, Section 817.106 of the Code of Federal <br />Regulations (the Surface Mining Control and Reclamation Act of <br />1977) exempts coal mine operators from requirements to eliminate <br />highwalls which existed prior to enactment SMCRA. Section <br />817.106(a) states that, "Remining operations on previously mined <br />areas that contain a preexisting highwall shall comply with the <br />requirements of 817.102 through 817.107 of this chapter, except as <br />provided in this section." Section 817.106(b) states, " The <br />requirements of 817.102(a)(1) and (2) requiring that elimination of <br />highwalls shall not apply to remininq operations where the volume <br />of all reasonably available spoil is demonstrated in writing to the <br />regulatory authority to be insufficient to completely backfill the <br />re-affected or enlarged highwall. The highwall shall be eliminated <br />to the maximum extent technically practical in accordance with the <br />following criteria...". <br />9. The Colorado Surface Coal Mining Reclamation Act requires <br />that all highwalls disturbed by coal mining operations be <br />eliminated. <br />NOW THEREFORE, the parties agree as follows: <br />10. Within 60 days of adoption of this settlement agreement, <br />the operator shall submit to the Division a complete application <br />for a reclamation only permit in compliance with the requirements <br />of Rule 2.01.3 of the Colorado Surface Coal Mining Reclamation Act. <br />The operator shall obtain a reclamation only permit for the Fruits <br />Mine by December 31,1992. This application shall include an <br />estimate of the cost of remaining reclamation work to be done at <br />the site. <br />11. The application in item 10 above shall include <br />documentation that the Cameo bench and highwalls at the Fruits Mine <br />were constructed prior to August 3, 1977. The application shall <br />also include demonstrations of the following: <br />a. that the backfilled and graded bench area as well as the <br />spoils below the bench, are compatible with the approved postmining <br />land use and that adequate drainage and longterm stability aze <br />provided; <br />b. that any remaining highwall remnants are stable and do <br />not pose a hazard to public health and safety or to the environment <br />and; <br />c. that disturbance of spoils placed below the bench by the <br />previous operation would result in instability of the remaining <br />spoil or otherwise increase the hazard to public health and safety <br />or to the environment. <br />12. The operator shall maintain a performance bond with the <br />Division in the amount of $36,000 or the amount estimated to cover <br />cost of remaining reclamation work, whichever is greater. <br />