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<br />The Colorado Surface Coal Mining Reclamation Act contains a provision at <br />34-33-121Cj) which in effect requires underground mines to operate in <br />accordance with the standards applicable to surface mines in regard to <br />backfilling and grading, approximate original contour and highwall <br />elimination, "except that the Board or Division shall make modifications in <br />the requirements imposed by this paragraph (j) as are necessary to accommodate <br />the distinct difference between surface and underground coal mining." An <br />essentially identical provision is found in Section 516(b)(10) of SMCRA. <br />Relying in part on a District Court Decision in In Re: Permanent Surface <br />Mining Regulation Litigation (D.D.C. Civil Action No. 79-1144, May 1980) that <br />one of the distinct differences bet~.ween surface and underground mines was the <br />length of time for mine operation in a particular location, the Director has <br />previously approved program amendments for the states of Kentucky and <br />West Virginia which closely parallel the proposed Rule 4.14.1(2)(f). <br />Justification for these approvals is set forth in Federal Register Vol. 52, <br />No. 251, Thursday, December 31, 1987; and Vol. 56, No. 100, Wednesday, May 23, <br />1990, respectively. <br />For the above reasons, the proposed rule is no less effective than federal <br />rules governing backfilling and grading of underground mining operations. <br />4.14.1(2)(q) <br />This rule is added to allow for less than complete highwall elimination for <br />re-mining operations affecting pre-existing highwalls '.which .+ere mined and <br />abandoned prior to August 3, 1977, if specific demonstrations are made. The <br />amended rule i; no less effective than 30 CFR 816/817.106. <br />4.14.1(2)(h) <br />Existing 4. 13.1(2)(`) is re-designated 4.1a.1(2)(h) to accommodate tie <br />t':+o rule amendments pertaining to highwall elimination iariances. <br />4.14.x(1) <br />T'(115 rule iS amended t0 eiiminat2 swOrding which 15 SCmewhdt dmO1g0005 and LO <br />specifically identify bac:c filling and grading variance provisions, including <br />the proposed highwall elimination variance provisions of 4.14.1(2>(f) and (g). <br />x.27.4 <br />This rule is amended to correct a typcgrachical error and to incorporate a <br />reference to the proposed highwall elimination variances. <br />DTM/ern <br />a823F (9/15/92) <br /> <br />