REV90619 - Laserfiche WebLink

Home Browse Search

Mike Long, Director, Minerals and Geology Page 3 CONFIDENTIAL On March 25, 1992, the Board and American Shield entered a settlement agreement in which American Shield committed to apply- ing for a reclamation only permit for the Fruita Mine, including documentation that the cameo bench and highwalls were constructed prior to the enactment of SMCRA on August 3, 1977; that the back- filled and graded area, the bench area, and the spoils below the bench were compatible with the approved reclamation land use plan; that remaining highwall remnants were stable and did not pose a threat to human health and safety or the environment; and that disturbance of spoils would result in instability of the re- maining spoil or increase the hazard to public health and safety. DMG committed to initiating rulemaking to incorporate language similar to that in OSM's regulations granting highwall elimina- tion waivers for highwalls existing prior to August 3, 1977. In accordance with the settlement agreement, American Shield applied for a reclamation-only permit and DMG proposed to issue the permit. AFO then notified DMG that this action was contrary to the AFO's 1991 ten-day notice requiring elimination of the highwall, that approval of the reclamation-only permit would constitute an inappropriate response that failed to correct NOV 91-024, and that this would cause AFO to order a federal inspection. AFO also advised DMG that approval of the reclamation-only permit was unacceptable because the Fruita Mine was not a "remining" operation but "involved a continuously mined area." The Board and American Shield subsequently modified the settlement agreement on December 16, 1992, based on future prom- ulgation of a State regulation waiving the highwall elimination requirement for continuously mined areas. AFO then notified DMG that a provision of a State program could not be used until ap- proved by OSM and requested the Board to void the settlement agreement. Based on DMG's recommendation, the Board revoked the agreement on September 22, 1993; DMG reactivated the 1991 NOV re- quiring American Shield to eliminate the highwall by December 14, 1999; and, when American Shield did not eliminate the highwall by that date, DMG issued a Failure to Abate Cessation Order (FTACO) on December 15, 1993. On March 23, 1994 the Board revoked Ameri- can Shield's interim Permit No. C-79-60 based on the FTACO and forfeited the remaining $36,000 bond amount. On that date, the Board also promulgated a rule exempting continuously mined areas from the highwall elimination requirement if the highwall existed prior to August 3, 1977 and continuous mining operations had been conducted in the area since that date.