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-_ • ~~ iii iiiiiiiuiiuiii <br />~,^,,y °' ~, ~~- <br />~~~ <br />"F'~ CSR A Brief Overview of Fruita Proceedings <br />L`KpRw:.. wl.-~ -L',-c ~; w-~ -~~.,M,-• 5.--~ o~-c~awr~~ ~ ~~ ~'-~•~.. O5~ <br />~,; We (t~ Division) could like to request an amendment the March 25, <br />1992 Settlement Agreement between the Board, the Division, and <br />American Shield Coal Company to extend the time limit of issuance <br />of an approved reclamation only permit until rule change regarding <br />rule 4.14 has been finalized. The Division percieves two options <br />1)~'approve the reclamation only permit and osm will issue a federal <br />violation for failure to reclaim all highwalls, or 2)D'request an <br />extension of time for the issuance of the approved permit until <br />rule change proceedings are final. <br />SK,P ~o ~ <br />1) American Shield Coal Company has operated the Fruita No. 1 and <br />2 Mines since 1986. The operator submitted a reclamation plan <br />in the fall of 1989, which was approved by the Division. <br />2) The upper or Cameo bench at the Fruita Mine is located in the <br />bookcliffs area of Mesa county. This is considered a steep <br />slope area. <br />3) Reclamation work began in the fall and winter of 1990 in <br />accordance with the approved reclamation plan. <br />4) The Division approved Phase I release of liability for <br />backfilling and grading on May 5, 1991 and the operator <br />reduced the bond held by the Division. <br />5) The Office of Surface Mining objected to the Division's <br />decision to approve a partial bond release, since a highwall <br />still remains on the site. <br />6) The division issued NOV-91-024 on September 24, 1991 for <br />failure to reclaim to approximate original contours and <br />failure to eliminate all highwalls. <br />7) On March 25, 1992 the Division, the operator, and the Board <br />met and developed a Settlement Agreement. <br />8) The agreement required the operator to submit an application <br />for a reclamation only permit and obtain an approved permit by <br />December 31, 1992. <br />9) The operator submitted a complete application on March 31, <br />1992. The operator provided the proofs and demonstrations as <br />required by the March Settlement Agreement. <br />10) The Division proposed to approve the the reclamation only <br />permit on September 30, 1992. <br />11) On November 2, 1992 the Division received an objection from <br />