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5 <br />in the backfilled slope in 1995 and monitored again. As before, no <br />movement was observed. The office area backfilled slope appears to be <br />stable. <br />The Division has approved a variance from AOC for the pre-law portal <br />highwall. On July 28, 1995, the Division approved Technical Revision <br />TR-06 submitted by Sunland Mining Corporation for the Apex No. 2 Mine. <br />This revision allows the pre-law highwall to partially remain as part <br />of the permanent backfilling and grading plan. A change in the <br />Regulations of the Colorado Mined Land Reclamation Board for Coal <br />Mining (Regulations), which was approved on May 2, 1994, provides the <br />Division with the authority to grant operators exemptions from <br />reclaiming certain preexisting highwalls at pre-law mines. The Apex <br />No. 2 Mine's current reclamation plan is in compliance with Colorado <br />Law. <br />The Apex No. 2 Mine highwall was originally created during 1966. <br />Reclaiming the disturbed slope of the Apex No. 2 Mine to its original <br />grade of 1H:1V, in order to backfill the entire highwall, would expose <br />the users of the County right-of-way to a significant health and <br />safety threat from rock slides. The steepness of the grade would not <br />only allow rockfall to reach the county road, but also result in a <br />slope that could not meet the design slope stability safety <br />requirements. In addition, compaction of material at such a steep <br />slope would be a dangerous operation for mine personnel operating the <br />machinery. Backfilling the portal bench to a slope of 2H:1V, in order <br />to completely eliminate the highwall, would be a safer operation for <br />mine personnel, but such a slope would mean that the backfilled slope <br />would cover up the county road. <br />In its original application, Sunland Mining Corporation committed to <br />the examination of the portal bench by an appropriately qualified <br />registered professional engineer or professional geologist at the time <br />of backfilling and grading. In 1992 Sunland Mining Corporation <br />contracted an engineer to evaluate the reclamation plan. This <br />engineer determined there was not enough reasonably available spoil <br />material from the facilities pad or any other area to backfill the <br />portal bench to a 1H:1V slope, and completely eliminate the highwall. <br />All reasonably available spoil has been used to backfill the portal. <br />A small berm that surrounds the reclaimed facilities area is necessary <br />to protect the sedimentation pond from Trout Creek flood waters that <br />occasionally occur during the spring snow melt. Upon final <br />reclamation, a portion of this berm will be used to provide gravel for <br />the permanent road. Most of the berm will remain intact to maintain <br />some flood protection. The operator has determined that the pond could <br />not be deepened to obtain additional material, as the bottom of the <br />pond is currently at the level of the water table. <br />The unused coal and coal fines that were removed from the facilities <br />bench were disposed of at the nearby P&M Edna Mine with Division <br />approval. Coal and coal refuse are typically compacted in refuse <br />