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~ SEP 15 '93 04~50PM PYRO MINING ~._P'z • ~ III IIIIIIIIIIIII III 999 COSTAIN ~a~.~~ ~~ ~~. P.O. Bert 288 Suuys, KeMUdry a2a59-0289 (502) 333391 September 15, 1993 Mr. Randall Price Reclamation Specialist Division of Minerals and Geology 2313 Sherman Street Denver, Colorado 80203 R8: HiQhwall Settlemeat AQreeIDeat-]apex Hia9 Dear Mr. Price: This letter is in response to your letter dated September 1, 1993 regarding the nullification of the agreement which was to allow us to take no action regarding the pre-law highwall at the Apex Mine until the State of Colorado had changed their regulations to mirror Federal regulations which allow for the retention of pre- law highwalls. The following are Sunland Mininq Corporation's remarks concerning this matter: Sunland Mining Corp. objects to the termination of the agreement. At this time, no application for bond release has been submitted for the Apex Mine, so therefore the permit is still in the reclamation process. Our original permit and all subsequent revisions were approved by the state with the existing reclamation plan which has been successfully implemented. We do not intend to apply for any bond release until the State of Colorado has modified their regulations to mirror the Federal regulations regarding this subject. Sunland Mining Corp. also opposes your proposal that we revise the permit to include plans to eliminate the pre-law highwall. This would only be an exercise in futility since the regulations are predicted to be changed in our favor in January, 1994. Also, as I am sure you are aware, there are no materials available for removal of the highwall, the existing reclamation would be destroyed, re-establishing the original slope would create very unstable conditions on the site, and a county road would be eliminated against the wishes of the county. These are only a few of the many reasons that it is extremely unreasonable, if not impossible to restore AOC on this site.